Attorney General
Mark Herring appealed the May 26 ruling by a U.S. district judge
in Norfolk, Virginia, that Lee Boyd Malvo, one of the two
so-called "Beltway snipers," must be re-sentenced for two life
sentences he received in Virginia, according to court documents.
The Supreme Court ruled in 2012 that mandatory life sentences
were unconstitutional for juveniles and later found that the
ruling should be applied retroactively.
Malvo, 32, was one of two men found guilty of committing a
series of sniper shootings in fall 2002 that killed 10 people in
the Washington, D.C., area. The shootings terrified people in
the D.C. suburbs and along much of the Eastern Seaboard.
Malvo, who was 17 at the time of the shootings, received two
life sentences in two Virginia counties, as well as additional
life sentences in Maryland.
His co-defendant, John Allen Muhammad, was sentenced to death
and was executed in 2009 in Virginia at age 48.
In the years following his conviction, Malvo said he was
sexually abused by Muhammad from the age of 15 until the time
they embarked on the shooting spree from inside a blue Chevrolet
Caprice.
They were arrested in October 2002 when police discovered them
sleeping in the car at a rest stop in Maryland.
The appeal documents were filed with the district court in
Eastern Virginia but had yet to be filed with the Fourth
District Court of Appeals that covers Virginia by Friday
afternoon.
(Reporting by Bernie Woodall in Fort Lauderdale, Florida;
Editing by Patrick Enright and Lisa Shumaker)
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