United States v. Demario Edwards

DeMario Edwards appeals his 46-month sentence following a guilty plea for possession of a firearm by a felon in violation of 18 U.S.C. §§ 922 (g)(1) & 924(a)(2). The principal issue on appeal is the constitutionality of a provision of the federal Sentencing Guidelines that assigns criminal history points for crimes that were committed when the defendant was a juvenile. U.S. Sentencing Guidelines (“U.S.S.G.”) § 4A1.2(d)(2)(A). Edwards contends that considering such crimes in sentencing adults is contrary to the Supreme Court’s Eighth Amendment cases limiting the degree of criminal punishment of juveniles. See Miller v. Alabama, — U.S.-, 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012); Graham v. Florida, 560 U.S. 48 , 130 S.Ct. 2011 , 176 L.Ed.2d 825 (2010); Roper v. Simmons, 543 U.S. 551 , 125 S.Ct. 1183 , 161 L.Ed.2d 1 (2005). Joining the unanimously held view of our sister circuits, we conclude that the Eighth Amendment permits courts to use prior juvenile convictions to increase the sentence of an adult convicted of a crime.

Edwards further challenges the district court’s finding that his prior conviction for attempted burglary under Nevada law was a “crime of violence” under…