United States v. Dylan Marshall

The court today finds that Dylan Marshall’s sentence does not violate the Eighth Amendment because chronologically he is an adult, and therefore he is not afforded the protection given juveniles under the Supreme Court’s juvenile sentencing cases'. The district court found that Marshall was a juvenile in all material respects except for his chrono*502logical age — a finding that the majority “do[es] not reject.” Because sentencing is an “individualized” task, Gall v. United States, 552 U.S. 38, 50, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007), and Marshall is not seeking a categorical ban on mandatory…