Federal judge tosses out life sentences for DC sniper Malvo

Kathleen Mckinney
May 27, 2017

A federal district court judge has overturned the sentence of Lee Boyd Malvo on Friday, one of the two shooters involved in D.C.'s sniper attacks almost 15 years ago, according to the Washington Post.

The case has now been remanded back to both Spotsylvania County Circuit Court and Chesapeake City Circuit court to issue a new sentence.

Malvo had been sentenced to life in prison without parole for the sniper-style attacks committed around the region in October 2002 along with John Allen Muhammad.

Malvo also received life sentences in Maryland and those decisions will be subject to hearings next month.

The Associated Press reported that Fairfax County Commonwealth's Attorney Ray Morrogh, who helped prosecute Malvo, said the Virginia attorney general can appeal Jackson's ruling. He executed for the killing in 2009.

Virginia argued that Malvo waived his right to appeal when he entered his pleas.

However, the federal judge's ruling only applies to his sentences in Virginia.

The Supreme Court ruled in 2012, in Miller v. Alabama, that "sentencing a child to life without parole is excessive for all but 'the rare juvenile offender whose crime reflects irreparable corruption.'" So in sentencing defendants 17 and younger, judges must now consider whether a juvenile's crime reflects "irreparable corruption" or simply "the transient immaturity of youth", Jackson wrote.

"Lee will remain in jail, actually in prison, as he has a number of other sentences from Maryland", attorney Craig Cooley said. Judge Raymond Jackson agreed and made his ruling to vacate Malvo's sentence. Last year, the court ruled that decision could be retroactive.

"I couldn't say no", he said in the interview. If you look up the definition, I mean, that's what a monster is. I stole people's lives.

Other reports by TheDigitalNewspaper

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