Federal judge tosses out life terms for D.C. sniper Malvo

Posted May 27, 2017

A United States high court on Friday overturned some of the life sentences of Jamaica-born U.S. sniper Lee Boyd Malvo, who was convicted for his role in a killing spree in Washington nearly 15 years ago.

Malvo's case was remanded back to Spotsylvania County Circuit Court in Virginia to issue a new sentence.

In 2012, the Supreme Court ruled that mandatory life sentences for juveniles without the possibility for parole were unconstitutional. "The Supreme Court has decided that the Miller rule is a substantive rule of constitutional law that is so fundamental that it requires retroactive application", Jackson concluded.

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The court concluded that while the convictions would stand, the life sentences would be tossed out, and Malvo would be resentenced.

Today's ruling does not apply to the six life sentences Malvo received in connection with six murders in Maryland, to which he also pleaded guilty.

Prosecutors sought the death penalty for Malvo as well, for the slaying in Fairfax County, Va., of Linda Franklin outside a Home Depot in the Falls Church area.

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The brother of one of the victims of the sniper shootings said he was surprised by the decision, but will accept whatever sentence is imposed.

Malvo was 17 when he was arrested, along with John Allen Muhammad, after a series of mysterious and terrifying shootings in Washington, D.C., Virginia and Maryland that killed 10 people and wounded three. Malvo then was found guilty and as part of a plea agreement was sentenced to two more life sentences without parole.

The order was handed down Friday, May 26 by Judge Raymond Jackson. He executed for the killing in 2009.

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Malvo remains at the state's super-max Red Onion State Prison. "I was able to move on with my life", she said.