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173242P.pdf   09/05/2018  Steve Wright, Jr.  v.  United States
   U.S. Court of Appeals Case No:  17-3242
   U.S. District Court for the Western District of Missouri - Kansas City   
[PUBLISHED] [Loken, Author, with Smith, Chief Judge, and Wollman, Circuit Judge] Prisoner case - Habeas. Wright's life sentence for conspiracy was based on conspiratorial conduct which extended well into his adult years under and the sentence was imposed under an advisory guidelines regime that allowed the district court to consider his early participation as a juvenile, as well as other relevant mitigating factors; thus the procedural element of the new substantive rule of constitutional law made retroactive in Montgomery v. Louisiana, 136 S.Ct 718 (2016) does not apply, and the court did not err in denying successive habeas relief on this claim; sentence of life plus 60 years did not violate the Eighth Amendment; the district court did not abuse its discretion in denying more comprehensive resentencing after it vacated Wright's mandatory life sentence on one count under Miller v. Alabama, 567 U.S. 460 (2012) and resentenced him to 15 years on the count.