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Nycole Amaury Rosario Sánchez v. United States

IFP petition · United States Court of Appeals for the First Circuit, No. 22-1857 · judgment July 3, 2025


Certiorari denied · February 23, 2026

Question presented

For over 30 years this Honorable Court has emphasized in a series of cases that youth matter in sentencing. Underpinning the opinions issued by the Court was a relatively simple concept that “children are constitutionally different from adults for purposes of sentencing” because they “have diminished culpability and greater prospects for reform.” Miller v. Alabama, 567 U.S. 460, 471 (2012). More recently this High Court in Jones v. Mississippi, 593 U.S. 98, 108(2021) decided to reaffirm the holding in Miller, supra explaining that the Court in Miller “repeatedly descried youth as a sentencing factor akin to a mitigating circumstance. The First Circuit confirmed the sentence issued in this case treating Petitioner age and youth circumstances as an aggravating factor. The question is presented as follows: Whether youth (minor age) at the time of the commission of a criminal offense, with its intrinsic characteristics, is inherently a mitigating factor that must be considered in sentencing a juvenile defendant.

Counsel of record

For petitioner
Raul Santiago Mariani
Mariani Franco Law, PSC

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 23 2026
    Petition DENIED.
  2. Jan 22 2026
    DISTRIBUTED for Conference of 2/20/2026.
  3. Jan 16 2026
    Waiver of right of respondent United States to respond filed.
  4. Dec 22 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2026)