United States v. Hunter, No. 12-5035 (4th Cir. 2013)Annotate this Case
Defendant appealed from his sentence for being a felon in possession of a firearm, arguing that the district court erred in sentencing him as an armed career criminal based on violent felonies he committed. Defendant relied on Miller v. Alabama, which held that the Eighth Amendment forbids a sentencing scheme that mandated life in prison without possibility of parole for juvenile offenders. The court found Miller inapplicable in this instance where defendant's sentence punished him for an offense he committed at the age of thirty-three. Accordingly, the court affirmed the sentence.