DC Sniper Lee Boyd Malvo Must Be Outraged, Maryland Superior Court Says

Malvo was 17 when the crime was committed in October 2002. He was sentenced to life without parole in both Maryland and Virginia. The Maryland Court of Appeals ruled Friday based on the U.S. Supreme Court’s guidance on juvenile offenders.

DC Area Sniper Fast Facts
A Supreme Court ruling issued after Malvo’s sentencing does not allow life imprisonment without parole for juvenile offenders. Under the 8th Amendment Judge Robert McDonald wrote, “If the sentencing court determines that the offender’s crimes are the result of temporary immaturity and are permanently incorrigible”. The judge said it was not clear whether a conclusion had been reached.

Malvo is currently incarcerated at Red Onion State Penitentiary in Virginia, where he is serving a life sentence.

“(H)e must be granted parole in Virginia before his life sentence in Maryland begins,” McDonald said.

“We allow a sentencing court, whose Eighth Amendment now recognizes the principles elucidated by the Supreme Court, to consider whether he is constitutionally eligible for life imprisonment without parole. I just think it’s asking to get a new sentencing hearing and a decision.” McDonald said.

Malvo’s shooting partner, John Allen Muhammad, was executed in November 2009 in Virginia for his involvement in the shooting. He was 41 years old at the time of the sniper attack.

Source: www.cnn.com

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