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Attorney general officially appeals Lee Boyd Malvo re-sentencing

Lee Boyd Malvo

RICHMOND, Va. — Virginia Attorney General Mark Herring has officially filed an appeal after a federal district court judge ordered re-sentencing for Lee Boyd Malvo, one half of the duo convicted in the Beltway sniper attacks.

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

In May, the 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.

That came after Malvo’s defense team asked the judge to overturn the sentenced based on two Supreme Court cases that said mandatory life sentences for juveniles were unconstitutional.

Herring, who said he would appeal on the Commonwealth’s behalf after the May ruling, said the district court erred by ordering Malvo resentenced.

Here are some of his arguments released in a brief Wednesday:

Malvo waived any entitlement to relief he may have had under Miller by pleading guilty in Spotsylvania Circuit Court pursuant to a plea agreement which stipulated life-without-parole sentences, thereby avoiding the possible imposition of the death penalty.

During his trial in Chesapeake Circuit Court, Malvo had the opportunity to-and did-present copious mitigation evidence related to his youth and immaturity, including expert witnesses.