Deangelo Mitchell v. Dwight Neven

MEMORANDUM

DeAngelo Lamont Mitchell (“Mitchell”) was found guilty of burglary while in possession of a firearm, conspiracy to commit robbery, robbery with use of a deadly weapon, and two counts of murder with use of a deadly weapon under Nevada law. Mitchell was sentenced, inter alia, to two consecutive life sentences with the possibility of parole after twenty years. Mitchell appealed his convictions and sentence to the Nevada Supreme Court, which affirmed. He subsequently filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 in federal district court, which the district court denied. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

Mitchell argues that the Nevada Supreme Court erred in rejecting his argument that concurrent and consecutive sentences of life with the possibility of parole constitutes cruel and unusual punishment in violation of the Eight Amendment when levied against him, a 16-year-old offender convicted only of felony-murder. This argument is without merit. Although the state supreme court did not cite to the gross disproportionality principle in analyzing Mitchell’s Eighth Amendment claim, it cited to Castillo v. State, 110…