In 1989, when he was 16 years old, Alex Wong, a teen runaway who had been recruited by a violent street gang, committed a murder during an extortion gone awry. He was convicted of RICO conspiracy and sentenced to life under the mandatory Guidelines. On Friday, in light of the Supreme Court’s decisions in Miller v. Alabama, 132 S. Ct. 2455 (2012) (holding that the Eighth Amendment prohibits a mandatory LWOP sentence for a juvenile), and Montgomery v. Louisiana, 136 S. Ct. 718 (2016) (holding that Miller applies retroactively), Judge Dearie vacated the life sentence and resentenced Wong to 35 years. Citing developments in neuroscience regarding juvenile brain development, Judge Dearie told Wong: “It does give us hope that perhaps you did not fully understand and assess the full range of consequences.”
No published opinions from the Circuit.
In a summary order (United States v. Libous, No. 15–1798–cr), the Circuit affirmed a conviction for filing false tax returns against a challenge to the sufficiency of the evidence and an allegation of witness perjury.