Virginia Attorney General Appeals Resentencing of DC Sniper

Virginia's attorney general is appealing a judge’s decision that ordered convicted D.C. sniper Lee Boyd Malvo be resentenced

Malvo was 17 years old when he and John Allen Muhammad terrorized the Washington, D.C., area with a string of shootings in the fall of 2002. Ten people died and three were wounded. 

Both men were convicted in Maryland and Virginia, and Muhammad was executed in 2009. Malvo is currently serving life without parole, but his attorney, James Johnston, has argued that such sentences are unconstitutional for juveniles.

On Tuesday, Attorney General Mark Herring outlined several arguments against resentencing for Malvo.

In his brief, Herring says the District Court erred in ordering Malvo be resentenced in Virginia since the state has never imposed life-without-parole sentences for any homicide offenses.

The brief also says Malvo waived any entitlement to relief when he pleaded guilty under a plea deal that traded life-without-parole under the condition of avoiding the death penalty.

In August, a Maryland judge denied Malvo’s motion for resentencing in that state.

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