Supreme Court to reconsider punishment for DC sniper Lee Boyd Malvo due to young age at time of sentencing

The younger of two men who terrorized the Washington D.C. area during a deadly weeks-long shooting spree 17 years ago believes he deserves a chance at parole.

Lee Boyd Malvo and John Allen Muhammad killed 10 people and injured three others during the so-called “D.C. Sniper attacks” in 2002. Malvo, who was sentenced to life behind bars without the possibility of parole at a Virginia prison, was just 17 years old when the rampage unfolded across the nation’s capital.

Malvo, now 34, will request on Wednesday that the United States Supreme Court order he be re-sentenced in wake of a 2012 court decision that prohibits mandatory life sentences for juveniles, ABC News reported.

“Invalidation of ‘mandatory’ life without-parole sentences is premised on the court’s recognition that the qualities of youth – immaturity, vulnerability and changeability – must be taken into account when sentencing a juvenile offender because those qualities will typically make life without parole an excessive punishment for a juvenile,” Malvo’s attorney’s wrote in court documents.

His lawyers additionally noted that jurors were only able to consider a punishment of life without parole or the death penalty in the case.

The nation’s top court in 2012 decided mandatory life sentences without parole for minors violated the Eighth Amendment, which protects against cruel and unusual punishment.

Justice Elena Kagan, writing for the 5-4 majority, said that sentences must “take into account how children are different, and how those differences counsel against irrevocably sentencing them to a lifetime in prison.”

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D.C. snipers Lee Boyd Malvo and John Allen Muhammad
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D.C. snipers Lee Boyd Malvo and John Allen Muhammad
Slug: ME-Malvo Date: 5.25.2005 Kevin Clark\The Washington Post Neg #: Boyd, MD Mug shot of Lee Boyd Malvo (Photo by Kevin Clark/The Washington Post/Getty Images)
Sniper mastermind John Allen Muhammad is lead into a Manassas courtroom by a Manassas County Sheriff, Friday, Feb. 20, 2004, in Manassas, Va. A judge on Friday denied a new trial for Muhammad, citing the overwhelming evidence that led to his conviction Nov. 17 on two counts of capital murder. Muhammad, 43, and Lee Boyd Malvo, 19, were convicted in separate trials of murder in the sniper shootings that terrorized the Washington area in October 2002. Thirteen people were shot and 10 were killed. (AP Photo/Pool, Tracy A. Woodward)
** FILE ** Convicted sniper John Allen Muhammad, center, stands with his attorney's Peter Greenspun, left, and Jonathan Shapiro as he is sentenced to death for the shooting of Dean Meyers at the Prince William County Circuit Court in Manassas, Va., in a Tuesday March 9, 2004 file photo. Cheryll Witz was shopping for a birthday cake when her cell phone rang. Waiting to speak to her was one of the nation's most notorious serial killers, Lee Boyd Malvo, the man who killed her father five years ago. (AP Photo/Steve Helber, file)
** FILE ** Sniper suspect Lee Boyd Malvo listens to court proceedings during the trial of fellow sniper suspect John Allen Muhammad in Virginia Beach, Va., Monday, Oct. 20, 2003. The lawyer for convicted teenage sniper Malvo says his client plans to drop all appeals of his conviction and life sentence for one of 10 sniper killings in October 2002 and admit his guilt in a second slaying. (AP Photo/Martin Smith-Rodden, Pool)
FILE - In this Friday, April 28, 2006 file photo, convicted sniper John Allen Muhammad addresses Judge James L. Ryan during a media preview before the start of his trial in Rockville, Md. Convicted D.C. sniper Lee Boyd Malvo, aka John Lee Malvo, said in a newspaper interview published Sunday, Sept. 30, 2012, that the devastated reaction of a victim’s husband made him feel like “the worst piece of scum.” Malvo expresses remorse in the interview with The Washington Post and urged the families of victims to try and forget about him and his partner, Muhammad, so they can move on. Tuesday, Oct. 2, marks the 10th anniversary of the beginning of the deadly spree in the Washington area carried by Malvo and Muhammad. The pair has been linked to 27 shootings across the country, including 10 fatal attacks in the Washington area. (AP Photo/Chris Gardner, Pool, File)
This photo provided by the Virginia Department of Corrections shows Lee Boyd Malvo. As a teenager, Malvo terrorized the Washington region in 2002 as one-half of a sniper team. Now he’s at the center of a case the Supreme Court will hear this fall. But the justices’ eventual ruling probably will mean less for him than for a dozen other inmates also sentenced to life without parole for murders they committed as teens. At issue is whether Malvo should be resentenced in Virginia in light of rulings restricting life-without-parole sentences for crimes by juveniles. (Virginia Department of Corrections via AP)
VIRGINIA BEACH, VA - OCTOBER 22: Sniper suspect Lee Boyd Malvo (C) is surrounded by deputies as he is brought into court to be identified by a witness during the trial of sniper suspect John Allen Muhammad in courtroom 10 at the Virginia Beach Circuit Court October 22, 2003 in Virginia Beach, Virginia. Witness Muhammad Rashid, a Maryland Liquor store owner identified Malvo as the man who shot him. (Photo by Davis Turner-Pool/Getty Images)
Washington area sniper suspect John Allen Muhammad (C) and his attorneys Peter D. Greenspun (L) and Jonathan Shapiro attend a pretrial hearing 23 September, 2003, at the Prince William Judicial Center in Manassas, Virginia. A judge ruled that three witnesses who identified Muhammad and sniper suspect Lee Boyd Malvo near two of the sniper shootings in 2002 will be allowed to testify at Muhammad's trial. The sniper attacks that terrorized Washington in 2002 began 02 October. AFP PHOTO/POOL/TRACY A. WOODWARD/THE WASHINGTON POST (Photo credit should read TRACY A. WOODWARD/AFP via Getty Images)
Washington area sniper suspect John Allen Muhammad (R) and his attorney Peter D. Greenspun attend a pretrial hearing 23 September, 2003, at the Prince William Judicial Center in Manassas, Virginia. A judge ruled that three witnesses who identified Muhammad and sniper suspect Lee Boyd Malvo near two of the sniper shootings in 2002 will be allowed to testify at Muhammad's trial. The sniper attacks that terrorized Washington in 2002 began 02 October. AFP PHOTO/POOL/TRACY A. WOODWARD/THE WASHINGTON POST (Photo credit should read TRACY A. WOODWARD/AFP via Getty Images)
Sniper suspect John Allen Muhammad enters court during pre-trial motions 05 August 2003 in Manassas, Virginia. Muhammad and his alleged accomplice Lee Boyd Malvo are linked to 13 killings in 20 shootings in Virginia, Maryland, Georgia, Alabama, Louisiana, and Washington, DC. AFP PHOTO/POOL/Dylan MOORE (Photo credit should read DYLAN MOORE/AFP via Getty Images)
FAIRFAX, VA - NOVEMBER 19, 2002: (FILE PHOTO) Accused sniper suspect John Lee Malvo walks out of the Fairfax County Juvenile Court House after appearing with his attorneys November 19, 2002 in Fairfax, Virginia. A judge ordered July 2, 2003 that the eighteen-year-old's trial be moved from the Washington, DC suburbs to the city of Chesapeake, Virginia. Malvo will be tried as an adult for the October 14 shooting death of FBI analyst Linda Franklin and faces the death penalty if convicted. (Photo by Mark Wilson/Getty Images)
FAIRFAX, : Sniper suspect Lee Malvo (c) leaves a pre-trial hearing at the Fairfax County Juvenile and Domestic Relations Court 04 December 2002 in Fairfax, Virginia. Malvo is a suspect in a sniper style killing spree. AFP Photo/Luke FRAZZA (Photo credit should read LUKE FRAZZA/AFP via Getty Images)
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Malvo is one of 12 people sentenced as juveniles to a life behind bars without parole in Virginia, and “he understands that even if his sentence is reduced, he’s not getting out,” his attorney, Craig Cooley told the Washington Post.

He was handed four life-without parole sentences in Virginia and six life-without parole sentences from Maryland.

“I was a monster,” Malvo told the Post from prison in 2012.

“If you look up the definition of what a monster is, I was a ghoul, a thief. I stole people’s lives. I did someone else’s bidding just because they say so… There is no rhyme or reason or sense.”

Malvo’s co-conspirator, Muhammed, was sentenced to death for the D.C. shooting spree and executed in 2009.

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