Former teen sniper’s re-sen­tenc­ing on hold

The Atlanta Journal-Constitution - - NATION & WORLD -

The lawyers for con­victed sniper Lee Boyd Malvo and the Vir­ginia at­tor­ney gen­eral have agreed to post­pone a re­sen­tenc­ing of the former teenaged de­fen­dant while await­ing a de­ci­sion from the U.S. Supreme Court on whether the re­sen­tenc­ing should hap­pen at all. Malvo, now 33, was given life sen­tences with­out pa­role in Vir­ginia for three of the 10 killings he and ac­com­plice John Allen Muham­mad com­mit­ted in the Wash­ing­ton area in 2002, when Malvo was 17. Muham­mad was con­victed of one Vir­ginia sniper killing and sen­tenced to death, and he was ex­e­cuted in 2009. The pair was also con­victed of six slay­ings in Mary­land and given life sen­tences there.

But in 2012, the U.S. Supreme Court ruled that manda­tory life sen­tences with­out the pos­si­bil­ity of pa­role were un­con­sti­tu­tional for ju­ve­niles, and in 2016 the court de­cided that rul­ing should be ap­plied retroac­tively. Last year, a fed­eral judge in Nor­folk ruled that in Malvo’s 2003 trial for the killing of Linda Franklin in Falls Church, Vir­ginia, the jury’s choice of a life sen­tence with­out pa­role, rather than the death penalty, was es­sen­tially a manda­tory one, and or­dered Malvo re­sen­tenced. His con­vic­tions stand.

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