Roosevelt Moore v. M. Biter

In Graham v. Florida, 560 U.S. 48 , 130 S.Ct. 2011 , 176 L.Ed.2d 825 (2010), the United States Supreme Court clearly established that the Eighth Amendment prohibits the punishment of life without parole for juvenile nonhomicide offenders. As compared to adults, juvenile nonhomicide offenders are still developing their characters, have diminished moral culpability, and possess greater capacity to change. Id. at 2026-27. The Constitution requires the State to give juvenile nonhomicide offenders “some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.” Id. at 2030.

In 1991, Roosevelt Brian Moore received a term-of-years sentence of 254 years and four months for nonhomicide crimes he committed when he was sixteen years old. The earliest Moore could be considered for parole is after serving 127 years and two months. Because Moore would have to live to be 144 years old to be eligible for parole, his chance for parole is zero. Moore filed state habeas petitions and a federal habeas petition challenging his sentence under Graham . All petitions were denied.

We have jurisdiction over Moore’s appeal pursuant to 28 U.S.C. §§ 1291 and 2253.…