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    David Sanchez, Jr. v. Marie Vargo, 4th Cir. (2015)

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    The Supreme Court granted certiorari and vacated and remanded a Fourth Circuit decision in Sanchez's case. Sanchez had appealed the denial of his 28 U.S.C. § 2254 petition challenging his 1999 capital murder conviction and life without parole sentence imposed when he was 17 years old. The Fourth Circuit had affirmed the denial based on its previous ruling that Miller v. Alabama, which prohibited mandatory life without parole for juveniles, did not apply retroactively. The Supreme Court's order vacated and remanded for reconsideration in light of Montgomery v. Louisiana, which held that Miller did apply retroactively.

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    David Sanchez, Jr. v. Marie Vargo, 4th Cir. (2015)

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    40 views2 pages
    The Supreme Court granted certiorari and vacated and remanded a Fourth Circuit decision in Sanchez's case. Sanchez had appealed the denial of his 28 U.S.C. § 2254 petition challenging his 1999 capital murder conviction and life without parole sentence imposed when he was 17 years old. The Fourth Circuit had affirmed the denial based on its previous ruling that Miller v. Alabama, which prohibited mandatory life without parole for juveniles, did not apply retroactively. The Supreme Court's order vacated and remanded for reconsideration in light of Montgomery v. Louisiana, which held that Miller did apply retroactively.

    Original Description:

    Filed: 2015-03-18 Precedential Status: Non-Precedential Docket: 14-6619

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    The Supreme Court granted certiorari and vacated and remanded a Fourth Circuit decision in Sanchez's case. Sanchez had appealed the denial of his 28 U.S.C. § 2254 petition challenging his 1999 capital murder conviction and life without parole sentence imposed when he was 17 years old. The Fourth Circuit had affirmed the denial based on its previous ruling that Miller v. Alabama, which prohibited mandatory life without parole for juveniles, did not apply retroactively. The Supreme Court's order vacated and remanded for reconsideration in light of Montgomery v. Louisiana, which held that Miller did apply retroactively.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    40 views2 pages

    David Sanchez, Jr. v. Marie Vargo, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    The Supreme Court granted certiorari and vacated and remanded a Fourth Circuit decision in Sanchez's case. Sanchez had appealed the denial of his 28 U.S.C. § 2254 petition challenging his 1999 capital murder conviction and life without parole sentence imposed when he was 17 years old. The Fourth Circuit had affirmed the denial based on its previous ruling that Miller v. Alabama, which prohibited mandatory life without parole for juveniles, did not apply retroactively. The Supreme Court's order vacated and remanded for reconsideration in light of Montgomery v. Louisiana, which held that Miller did apply retroactively.

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    of 2

    Certiorari Granted by Supreme Court, March 7, 2016

    Vacated and Remanded by Supreme Court, March 7, 2016

    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT

    No. 14-6619

    DAVID JOSEPH SANCHEZ, JR.,


    Petitioner Appellant,
    v.
    MARIE VARGO, Warden, Sussex II State Prison,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond.
    Robert E. Payne, Senior
    District Judge. (3:13-cv-00400-REP)

    Submitted:

    March 17, 2015

    Decided:

    March 18, 2015

    Before WILKINSON and DUNCAN, Circuit Judges, and DAVIS, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    Carolyn M. Sweeney, Joshua C. Toll, Sara A. Silverstein,


    Samuel E. Doran, Stephen D. Saltarelli, KING & SPALDING LLP,
    Washington, D.C., for Appellant. Mark R. Herring, Attorney
    General, Victoria Johnson, Assistant Attorney General, Richmond,
    Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    David

    Sanchez,

    Jr.,

    appeals

    the

    district

    courts

    denying relief on his 28 U.S.C. 2254 (2012) petition.

    order

    Sanchez

    was convicted in 1999 of capital murder and related offenses and


    is serving a sentence of life plus eighteen years without the
    possibility of parole.
    whether

    Sanchez

    Miller v.
    Supreme

    is

    Alabama,
    Court

    The sole issue raised in this appeal is


    entitled

    132

    held

    S.

    that

    to

    retroactive

    Ct.

    2455

    (2012).

    the

    Eighth

    application
    In

    Amendment

    Miller,
    prohibits

    of
    the
    a

    mandatory sentence of life without parole for an offender who


    was under the age of eighteen at the time of the offense.
    at 2461.

    Id.

    Sanchez was seventeen when he committed the relevant

    crimes.
    This case is governed by our recent decision in Johnson v.
    Ponton,

    ___

    F.3d

    ___,

    2015

    WL

    924049

    (4th

    Cir.

    2015).

    In

    Johnson, we held that the Miller rule is not retroactively


    applicable to cases on collateral review.

    Id. at *1.

    In light

    of Miller, we affirm the denial of Sanchezs 2254 petition.


    We

    dispense

    with

    oral

    argument

    because

    the

    facts

    and

    legal

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.
    AFFIRMED

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