And so even though Malvo pleaded guilty in Spotsylvania County and agreed to serve two life sentences without parole, in addition to being convicted by a jury and sentenced to two life sentences in Fairfax County, U.S. District Court Judge Raymond Jackson vacated the four sentences and ordered re-hearings for Malvo.
The court concluded that while the convictions would stand, the life sentences would be tossed out, and Malvo would be resentenced.
It does not apply to the six life sentences Malvo received for pleading guilty to six murders in Maryland.
In 2002, Lee Boyd Malvo and John Allen Muhammad killed 10 people and injured others in a multi-day shooting spree in Maryland and Virginia.
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The pair are also suspected of murdering one clerk and seriously injuring another at a liquor store in Montgomery, AL, two weeks before the DC murders. "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.
Fairfax County Commonwealth's Attorney Ray Morrogh, who helped prosecute Malvo in 2003, said the Virginia attorney general can appeal Jackson's ruling.
Malvo argued in a federal petition that his sentences didn't align with current Supreme Court case law that judges must follow when sentencing juveniles.
Malvo was also sentenced to life in prison for the shooting that took place there and his lawyer have filed similar appeals, according to the Associated Press. He executed for the killing in 2009. For now, he'll remain in prison, his attorney told CNN. "I was able to move on with my life", she said. I was a thief. I did someone else's bidding just because they said so.