United States v. Bonilla-Romero, No. 19-20643 (5th Cir. 2020)
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The Fifth Circuit affirmed the district court's imposition of a 460 month term of imprisonment based on defendant's conviction for first-degree murder under 18 U.S.C. 1111(b). While a person convicted of first-degree murder under section 1111(b) "shall be punished by death or by imprisonment for life," a defendant who was under the age of eighteen at the time of the offense, such as defendant, cannot be sentenced to death or mandatory life imprisonment under Miller v. Alabama, 567 U.S. 460, 479 (2012) (holding mandatory life without parole unconstitutional for juveniles), and Roper v. Simmons, 543 U.S. 551, 575 (2005) (holding the same for the death penalty.) In this case, the district court resolved the constitutional defect by severing section 1111(b)'s punishment provision for first-degree murder, determining that the statute-as-modified authorizes imprisonment "for any term of years or for life."
The court rejected defendant's contention that the district court unconstitutionally fashioned a new punishment for first-degree murder committed by juveniles, violating the Due Process Clause's notice requirement and separation-of-powers doctrine. Rather, the court concluded that it is appropriate to sever as necessary, and that excising the mandatory minimum nature of the life sentence is all that is needed to satisfy the constitutional issue for juveniles under section 1111. In this case, the district court's remedy complies with Roper and Miller, functions independently, and is consistent with Congress's clear intent to criminalize "the unlawful killing of a human being with malice aforethought." The court also rejected defendant's assertion that the district court violated the Due Process Clause and Federal Rule of Criminal Procedure 11 by failing to specify his potential sentencing range at his plea hearing. The court explained that defendant's plea hearing demonstrates that the district court properly notified him of the consequences of a guilty plea, and therefore defendant's plea was knowing and voluntary.
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