Kelly v. Brown

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 17-1244
Decision Date: 
March 16, 2017
Federal District: 
Motion for Order Authorizing Dist. Ct. to Entertain Second or Successive Petition for Collateral Review
Holding: 
Motion denied

Dist. Ct. denied defendant’s motion for order authorizing Dist. Ct. to entertain second petition for collateral review, even though defendant had claimed that his 110-month sentence for two murders he committed at age 16 was unconstitutional under Miller, 132 S.Ct. 2455. Record showed that defendant’s sentencing judge had significant discretion under Indiana Code when sentencing defendant, and, in fact, considered in mitigation defendant’s age at time of instant murders. (Dissent filed.)