UNITED STATES v. BRIONES

No. 16-10150.

35 F.4th 1150 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Riley BRIONES, Jr., aka Unknown Spitz, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 6, 2021.

Amended June 1, 2022.


Attorney(s) appearing for the Case

Easha Anand (argued) and Damilola Arowolaju , The Roderick & Solange MacArthur Justice Center, San Francisco, California; Katherine Cion , The Roderick & Solange MacArthur Justice Center, Washington, D.C.; Vikki M. Liles , The Law Office of Vikki M. Liles P.L.C., Phoenix, Arizona; Melanie L. Bostwick and Sheila Baynes , Orrick Herrington & Sutcliffe LLP, Washington, D.C.; for Defendant-Appellant.

Krissa M. Lanham (argued), Assistant United States Attorney; Gary M. Restaino , United States Attorney; Elizabeth A. Strange , Former First Assistant United States Attorney; United States Attorney's Office, Phoenix, Arizona; Patrick J. Schneider , United States Attorney's Office, Flagstaff, Arizona; for Plaintiff-Appellee.

Jon M. Sands , Federal Public Defender; Keith J. Hilzendeger , Assistant Federal Public Defender; Office of the Federal Public Defender, Phoenix, Arizona; for Amicus Curiae Federal Public Defender for the District of Arizona.

John R. Mills , Phillips Black Inc., Oakland, California; Rebecca Turner , Campaign for Fair Sentencing of Youth, Washington, D.C.; for Amici Curiae Campaign for Fair Sentencing of Youth, and Phillips Black Inc.

Order; Opinion by Judge O'Scannlain.


ORDER

The opinion filed on December 6, 2021, and reported at 18 F.4th 1170 is amended as follows:

At page 1175, delete the following sentence: [In Jones, the Court held that in cases involving juvenile LWOP defendants, a "discretionary sentencing system"— where a sentencer can consider the defendant's youth and has discretion to impose a lesser sentence than LWOP—is "constitutionally sufficient."]

Replace the deleted sentence...

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