Brandon Crawford v. Eddie Pearson

Fourth Circuit

Brandon Crawford v. Eddie Pearson

654 F. App'x 144

CourtCourt of Appeals for the Fourth Circuit

DecidedJune 16, 2016

Docket15-6498

StatusUnpublished

Cited by1 cases

This text of 654 F. App'x 144 (Brandon Crawford v. Eddie Pearson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brandon Crawford v. Eddie Pearson, 654 F. App'x 144 (4th Cir. 2016).

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Opinion

Vacated and remanded by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Brandon Michael Crawford seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2012) petition seeking to challenge his Virginia sentence of mandatory life without parole under Miller v. Alabama, — U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012). * The district court concluded that Miller was not retroactively applicable to cases on collateral review for purposes of 28 U.S.C. § 2244(d)(1)(C) (2012). Subsequent to the district court’s decision, the Supreme Court held in Montgomery v. Louisiana, — U.S. -, 136 S.Ct. 718, 732, 193 L.Ed.2d 599 (2016), that “Miller announced a new substantive rule that is retroactive in cases on collateral review.” Because the district court did not have the benefit of this decision, we grant a certificate of ap-pealability, vacate the judgment, and remand for further proceedings in light of Montgomery. We express no opinion as to the merits of Crawford’s petition. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

VACATED AND REMANDED.

*

Crawford received this mandatory life sentence for two counts of capital murder; he was 17 at the time he committed the offenses,

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Vacated and remanded by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Brandon Michael Crawford seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2012) petition seeking to challenge his Virginia sentence of mandatory life without parole under Miller v. Alabama, — U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012). * The district court concluded that Miller was not retroactively applicable to cases on collateral review for purposes of 28 U.S.C. § 2244(d)(1)(C) (2012). Subsequent to the district court’s decision, the Supreme Court held in Montgomery v. Louisiana, — U.S. -, 136 S.Ct. 718, 732, 193 L.Ed.2d 599 (2016), that “Miller announced a new substantive rule that is retroactive in cases on collateral review.” Because the district court did not have the benefit of this decision, we grant a certificate of ap-pealability, vacate the judgment, and remand for further proceedings in light of Montgomery. We express no opinion as to the merits of Crawford’s petition. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

VACATED AND REMANDED.

*

Crawford received this mandatory life sentence for two counts of capital murder; he was 17 at the time he committed the offenses,

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654 F. App'x 144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brandon-crawford-v-eddie-pearson-ca4-2016.

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