667 F. App'x 826
4th Cir.2016Background
- Philip Bernard Friend was arrested at 17 for multiple carjackings and pled guilty to aiding and abetting carjacking (18 U.S.C. § 2119(1)) and carjacking resulting in death (18 U.S.C. § 2119(3)).
- The district court sentenced Friend to 180 months on the § 2119(1) count and life without parole on the § 2119(3) count.
- After prior postconviction efforts, Friend sought authorization under 28 U.S.C. § 2244 to file a successive § 2255 alleging his life-without-parole sentence violated Miller v. Alabama.
- This court initially granted authorization, finding Miller could make a prima facie showing of entitlement to relief, but the district court later denied relief relying on Fourth Circuit precedent holding Miller nonretroactive on collateral review.
- The Supreme Court’s decision in Montgomery held Miller announced a new substantive rule that is retroactive on collateral review, and the Government conceded Friend is entitled to resentencing under Miller as made retroactive by Montgomery.
- The Fourth Circuit vacated the district court’s denial and remanded for resentencing consistent with Miller/Montgomery.
Issues
| Issue | Friend's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether Friend’s life-without-parole sentence imposed when he was a juvenile is unconstitutional under Miller (as retroactively applied by Montgomery) | Miller bars mandatory life-without-parole for juveniles; sentencing of Friend (a juvenile) therefore unconstitutional and requires resentencing | Initially argued Miller not retroactive based on Johnson v. Ponton; later conceded Montgomery makes Miller retroactive and that Friend is entitled to resentencing | Court held Montgomery makes Miller retroactive; vacated denial and remanded for resentencing |
Key Cases Cited
- Miller v. Alabama, 567 U.S. 460 (2012) (mandatory life without parole for juveniles violates the Eighth Amendment)
- Montgomery v. Louisiana, 578 U.S. 190 (2016) (Miller announced a substantive rule that is retroactive on collateral review)
- Graham v. Florida, 560 U.S. 48 (2010) (Eighth Amendment forbids life without parole for nonhomicide juvenile offenders)
- Johnson v. Ponton, 780 F.3d 219 (4th Cir. 2015) (held Miller not retroactive on collateral review prior to Montgomery)