Malvo was convicted in Maryland and Virginia for his role in the 2002 sniper shootings that killed 10 people and wounded three in Virginia, Maryland and the District of Columbia.
He is challenging his life sentence based on a recent Supreme Court decision that outlaws mandatory life sentences without parole for juveniles. Malvo was 17 at the time of the killings.
Virginia's attorney general's office argues in papers filed Wednesday that the ruling should not be applied retroactively to Malvo. They also say that because Malvo struck plea bargains in some jurisdictions, the sentence can't be challenged.
A federal judge in Norfolk will decide the issue.
Press; By MATTHEW BARAKAT]
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