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Lee Boyd Malvo denied new sentence by Maryland judge

MONTGOMERY COUNTY, Md. -- Lee Boyd Malvo, one half of the duo convicted in the Beltway sniper attacks, lost his appeal for a new sentence in Maryland on Wednesday.

Judge Robert Greenberg said that the Supreme Court cases Malvo based his challenge on had no bearing on his six life sentences in Montgomery County.

Malvo’s defense team pointed to two Supreme Court cases that said mandatory life sentences for juveniles were unconstitutional.

Greenberg ruled that Malvo’s sentence wasn’t mandatory and that the original judge used his discretion to choose that sentence, properly weighing all the evidence.

In May, a federal district court judge overturned Malvo’s sentence for two Virginia shootings. The case was remanded back to both Spotsylvania County Circuit Court and Chesapeake City Circuit courts to issue a new sentence, according to online court documents.

Malvo was sentenced to life in prison without parole for the sniper-style attacks committed in October 2002, along with John Allen Muhammad.

Muhammad was executed in 2009 for the crimes, and then 17-year-old Malvo received 10 life sentences in two states and D.C.

Malvo and his defense team can still appeal to the state level, regarding the Maryland sentences.

In Virginia, Attorney General Mark Herring is appealing the May decision to overturn Malvo’s sentence.