AG Herring appeals judge’s decision to re-sentence DC Sniper

FILE - In this Oct. 26, 2004, file photo, Lee Boyd Malvo enters a courtroom in the Spotsylvania, Va., Circuit Court. A federal judge has tossed out two life sentences for D.C. sniper shooter Lee Boyd Malvo and ordered Virginia courts to hold new sentencing hearings. In a ruling issued Friday, U.S. District Judge Raymond Jackson in Norfolk said Malvo is entitled to new sentencing hearings after the U.S. Supreme Court ruled that mandatory life sentences for juveniles are unconstitutional. (Mike Morones/The Free Lance-Star via AP)

RICHMOND, Va. (WRIC) — Attorney General Mark Herring has appealed a judge’s recent decision ordering re-sentencing for Lee Boyd Malvo.

Malvo is a convicted murderer who during a three-week period in 2002, working with John Allen Muhammad, committed a string of murders in the Virginia, Maryland, Washington DC area, including a shooting that happened in Ashland, Virginia.

READ: Herring Appeal Argument

Earlier this year, a federal district court judge in Virginia overturned his life sentences on the grounds that it was unconstitutional because of Malvo’s age at the time of the killings. A Maryland Circuit Court Judge later decided that the Virginia federal court ruling only applied to the Virginia killings.

Herring said in his argument outline that Malvo had ample opportunity to prove his youth and immaturity led to his decision to commit the crimes but failed to do so in his original trial.