The Third Circuit yesterday granted rehearing en banc in a criminal case, United States v. Corey Grant, 16-3820, and set oral argument for February 20. The order is here. This is the court’s second en banc grant this week, joining the TSA-liability case Pellegrino, noted here.
Here is my write-up of the now-vacated Grant panel decision, which held that a de facto life sentence of 65 years was unconstitutional under Miller v. Alabama. The opinion stated that it joined three circuits against one on the de facto-life issue. The panel was unanimous on that point, while Judge Cowen dissented on the panel’s denial of relief on an additional sentencing-package ground. Greenaway was the author joined by Cowen and Padova EDPA.
Today’s order doesn’t specify whether the grant was spurred by the Miller issue or the sentencing-package issue, and I haven’t gone hunting on Pacer to see what the parties filed, but my guess is it’s about the Miller issue.
Update: a helpful reader pointed out what I should have noticed myself: the order states that it’s granting the government’s rehearing petition. This shows what I’d originally only suspected, that the en banc issue is the Miller issue.