UNITED STATES of America, Plaintiff-Appellee,
v.
Riley BRIONES, Jr., aka Unknown Spitz, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted En Banc March 27, 2019 San Francisco, California.
Filed July 9, 2019.
Attorney(s) appearing for the Case
Easha Anand (argued), Orrick Herrington & Sutcliffe LLP, San Francisco, California; Vikki M. Liles (argued), The Law Office of Vikki M. Liles P.L.C., Phoenix, Arizona; Melanie L. Bostwick, Orrick Herrington & Sutcliffe LLP, Washington, D.C.; for Defendant-Appellant.
Krissa M. Lanham (argued) and Patrick J. Schneider, Assistant United States Attorneys; Elizabeth A. Strange, First Assistant United States Attorney; United States Attorney's Office, Phoenix, Arizona; for Plaintiff-Appellee.
John R. Mills and Scott P. Wallace, Phillips Black Inc., San Francisco, California; Robin Wechkin, Sidley Austin LLP, Seattle, Washington; Ronald Sullivan, Fair Punishment Project, Cambridge, Massachusetts; for Amici Curiae National Association of Criminal Defense Lawyers, ACLU, Fair Punishment Project, Juvenile Law Center, Roderick and Solange MacArthur Justice Center, Alaska Association of Criminal Defense Lawyers, Arizona Attorneys for Criminal Justice, California Attorneys for Criminal Justice, Hawaii Association of Criminal Defense Lawyers, Idaho Association of Criminal Defense Lawyers, Montana Association of Criminal Defense Lawyers, Nevada Attorneys for Criminal Justice, Oregon Criminal Defense Lawyer's Association, and Washington Association of Criminal Defense Lawyers.
William H. Milliken and Michael E. Joffre, Sterne Kessler Goldstein & Fox PLLC, Washington, D.C., for Amici Curiae Professors Douglas A. Berman, William W. Berry, Jenny E. Carroll, Cara H. Drinan, Alison Flaum, Shobha L. Mahadev, Sarah French Russell, and Kimberly Thomas.
Keith J. Hilzendeger, Assistant Federal Public Defender; Jon M. Sands, Federal Public Defender; Office of the Federal Public Defender, Phoenix, Arizona; for Amici Curiae Ninth Circuit Federal Public and Community Defenders.
Dissent by Judge Bennett
OPINION
CHRISTEN, Circuit Judge:
In 1997, Riley Briones, Jr. received a mandatory sentence of life without the possibility of parole (LWOP) for his role in a robbery that resulted in murder. Briones was 17 years old at the time of the crime. In 2012, the Supreme Court held that mandatory LWOP sentences for juvenile offenders violate the...
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