Brief of Amici Curiae the National Association of Criminal Defense Lawyers, et al. in Support of the Petition for Rehearing En Banc
Argument: Miller provides categorical protection not merely a procedural requirement to consider youth. The District Court erroneously considered juvenile status as a mitigating factor rather than a categorical protection. The District Court further misapplied Miller by overlooking the central role of rehabilitation in juvenile sentencing. Congress has not provided a legal punishment for the crime of conviction. No legal, authorized punishment exists for juveniles charged under 18 U.S.C. § 1111. Briones was convicted under a statute that is unconstitutional as applied to juveniles. Sixth Amendment protections extend to whether a defendant is irreparably corrupt. A finding of irreparable corruption increases a juvenile defendant’s potential sentence and is similar to other factual findings that receive Sixth Amendment protections. Briones did not receive the required Sixth Amendment protections.