Two cases from the Ninth today.
First, in United States v. Briones, --- F.3d ---, 16-10150 (9th Cir. 2019), the en banc Court reversed the defendant's life sentence.
The defendant was a juvenile at the time of the murder at issue. The district court imposed a life sentence. The Ninth Circuit held that, in doing so, it did not appear the court properly considered the factors in Miller v. Alabama, 567 U.S. 460 (2012). Under Miller, a sentence of life without the possibility
of parole is constitutionally permissible only for “the
rarest of juvenile offenders”—specifically, those whose
“crimes reflect permanent incorrigibility” and “irreparable
corruption.”
The Court thus remanded the case for consideration of the entirety of [the defendant's] sentencing
evidence.
Here is a good line from the decision about appellate review of sentencing decisions: "District courts’ sentencing decisions are entitled to deference, but this deference is not absolute."
Second, in United States v. Evans, --- F.3d ---, No. 17-30185 (9th Cir. 2019), the Court affirmed the district court's denial of a motion by two medical marijuana growers
to enjoin their federal prosecutions for violations of the
Controlled Substances Act.
You may recall the earlier decision in United
States v. McIntosh, 833 F.3d 1163 (9th Cir.
2016). There, the Court held that, based on a Congressional appropriations rider, DOJ could not
spend appropriated funds to prosecute individuals who
engaged in conduct permitted by the State Medical
Marijuana Laws.
This case flows from McIntosh. Here, the district court held a hearing and determined that, because the defendants were not in strict compliance with the state's medical marijuana law, the DOJ could prosecute them.
The Ninth Circuit affirmed. If you have a medical marijuana case, you should read this decision.
