A federal judge on Friday tossed out life prison terms for one of two men convicted in a deadly Washington, area shooting spree, saying he must be re-sentenced in light of a US Supreme Court ruling, the Washington Post reported.
US District Judge Raymond A. Jackson yesterday overturned those four sentences and ordered the courts that imposed them to consider new sentences. "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.
Malvo could still be resentenced to life in prison without parole.
It does not apply to the six life sentences Malvo received for pleading guilty to six murders in Maryland. His Maryland lawyers are appealing in both state and federal court on the same grounds, and a hearing is set for next month.
Malvo was 17 when he and John Allen Muhammad terrorized the D.C. area in the fall of 2002, claiming 10 lives and wounding others before the two were captured and brought to justice. If not, he said he would pursue another life sentence.
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In Chesapeake, Roush did not consider those factors before imposing the jury's death sentence, even though those factors were not legally in existence.
The state also argued that Malvo knowingly waived his appeal rights when he struck the plea bargain in Spotsylvania County.
"I was at peace knowing Muhammad was executed and Malvo was serving life without parole". Investigators later said Muhammad meant to kill his ex-wife, who lived in the Washington area.
She said she has forgiven Malvo and knows that he was brainwashed by the older, imposing Muhammad.
Malvo is now 32-years-old.
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