Plaintiff, who was 18 years old at the time of the offense, was found guilty in Illinois state court of first-degree murder and was sentenced to 40 years in prison without the possibility of parole. On appeal, Plaintiff argued that changes to the Illinois Unified Code of Corrections that allowed certain individuals imprisoned for first-degree murder to seek review after serving 20 or more years of their sentence should be applied retroactively to his case. He argued that the Act’s non-retroactivity violated the Equal Protection Clause and the Eight Amendment. The Seventh Circuit disagree and affirmed the district court’s judgment, explaining that the legislature’s amendment to the preexisting penalty scheme did not transform the prior scheme into a cruel and unusual one. (PRYOR and MALDONADO, concurring)
Federal 7th Circuit Court
Criminal Court
Sentencing