Songster v. Beard

MEMORANDUM OPINION

Savage, United States District Judge

Kempis Songster, like all other juveniles in Pennsylvania who were sentenced to life without parole after having been convicted of murder, has never been afforded a constitutionally required individualized sentencing hearing. Now, as mandated by Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) and Montgomery v. Louisiana, 577 U.S. _, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016), he must be resentenced, taking into consideration the factors peculiar to his youthful status at the time of the offense and original sentencing.

Gra…