Recently, in what could have been just a simple summary affirmance of a lengthy sentence, the Second Circuit (Judges Jon Newman and Rosemary Pooler) issued a plea to lawmakers and to the Sentencing Commission to consider bringing parole back into the federal system. The opinion in United States v. Portillo, No. 19-2158, in which the Circuit upheld a 55-year sentence for a juvenile defendant whom it suggested would be a prime candidate for parole, comes at a time when criminal justice and sentencing reform is again a headline topic. It demonstrates that some courts see themselves playing a role in that process. The panel also raises the notable question of whether parole—which was abolished in 1987 as part of the 1984 Sentencing Reform Act—should be reintroduced.

Background

In April 2017, 15-year-old Josue Portillo, a member of the MS-13 gang, lured members of a rival gang to a park with the intention of killing one of those members in retaliation for a petty grievance. The intended target escaped, but Portillo and fellow gang members killed the four other rivals using machetes, an ax, knives, and tree limbs. Portillo, wielding a machete, participated in all four murders. Portillo was initially charged as a juvenile, but the District Court granted the government’s motion to transfer Portillo to adult status after hearing testimony from a psychiatrist. Portillo then pled guilty to racketeering activity based on the four murders. The District Court imposed a sentence of 55 years, a downward departure from the life sentence recommended by the Sentencing Guidelines.

The Appeal

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