Judge overturns life sentences for DC sniper Lee Boyd Malvo

Malvo wins chance for new sentence in DC sniper case

A United States federal district court judge has reportedly overturned the sentence of Lee Boyd Malvo, one of the two people convicted in D.C. -area Beltway sniper attacks almost 15 years ago.

Now, Malvo's case has been remanded back to Spotsylvania County Circuit Court to issue a new sentence. "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.

That's why he says Malvo should get new sentencing hearings.

Malvo, now 32 years old, is currently being held at Red Onion State Prison, a super-maximum security prison in Virginia.

The ruling does not apply to the six life sentences Malvo received in Maryland after he pleaded guilty to six murder charges there. But his lawyers have made an appeal on similar grounds in that state. A jury convicted Malvo of capital murder for the slaying of Federal Bureau of Investigation analyst Linda Franklin, who was shot in the head outside a Home Depot store.

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

Malvo was 17 when he was arrested in 2002 for a series of shootings that killed 10 people and wounded three in Virginia, Maryland and the District of Columbia, causing widespread fear throughout the region.

Cooley said he believes Malvo was the first and most carefully planned victim in the murder spree, orchestrated by his father-figure, Muhammad. Prosecutors sought a death sentence, but a jury opted for life in prison. The Virginia attorney general responded that Roush could have suspended some of Malvo's life term. Muhammad was executed via lethal injection on November 10, 2009.

The order was handed down Friday, May 26 by Judge Raymond Jackson. Investigators later said Muhammad meant to kill his ex-wife, who lived in the Washington area.

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