Posted on 05/26/2017 3:26:05 PM PDT by ColdOne
WASHINGTON - A federal district court judge has overturned the sentence of Lee Boyd Malvo, one of the two people convicted in D.C.-area Beltway sniper attacks nearly 15 years ago, according to a ruling released Friday.
Malvo was sentenced to life in prison without parole for the sniper-style attacks committed around the region in October 2002 along with John Allen Muhammad. Ten people were killed and three others were shot during a three-week period.
Malvo appealed to the court saying he should not have been sentenced to life without parole because he was 17 years old at the time of the murders and he based his appeal on the Supreme Court ruling in Miller v. Alabama.
(Excerpt) Read more at fox5dc.com ...
Bingo!
I think he was the primary shooter. I think the other guy was a young man at the time that this guy had stirred to violence.
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I believe he was also a pedophile.
Malvo appealed to the court saying he should not have been sentenced to life without parole because he was 17 years old at the time of the murders....
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No, he should not have been sentenced to life without parole; the cold-blooded murderer should have been put to death along with his homo mentor.
I remember when they were looking for that van. Thank you fo info.
You’re right. Death without parole sounds appropriate.
Been there ...... awesome idea !
The bleeding heart’s didn’t give Malvo the death sentence though. They should have.
Pretty sure he was tried as an adult. He was never tried in Alabama and some other states where they killed. They could possible do it now and give him death.
Not sure that matters.
I think for SCOTUS's purposes his being 17 made him a minor.
This judge is an A-hole. I remember this case and it was horrifying. Those families were devastated! Maybe the state can do something but I don’t know the particulars. Maybe a Charlie Bronson can welcome him.
Re-sentence him to 500 years with parole after half of the sentence served.
So remand him into your own home judge, take responsibility for your actions.
I wanted to see this creep executed as much as anyone else on here; he and his accomplice put my area under mortal fear for months.
However, I think the federal district court judge’s hands were tied under the relevant Supreme Court precedent. The Supreme Court made up its own law when it decided that it was cruel and unusual punishment to sentence a person under 18 years old at the time the crime was committed to life without parole. Therefore, you can thank Anthony Kennedy, who cast the deciding vote along with Ginsburg, Breyer, Sotomayor and Kagan, JJ, for giving this little monster a shot at getting out of prison.
Under Virginia law, as I read it, a sentence of life with the possibility of parole entitles the convict to a first parole hearing after 12 years of imprisonment. Malvo stands convicted of two murders and one attempted murder within the Commonwealth of Virginia, along with two weapons charges for which he received eight additional years. He has been in custody since October 24, 2002, or 14 years, 5 months, 2 days.
Spotsylvania County, west of Fredericksburg, is to the best of my knowledge a law and order county, so I don’t think you’ll see a bleeding heart liberal there. The legislature here elects the circuit judges (as opposed to gubernatorial appointments or public elections in other states), and the legislature has been dominated by the GOP lately, so it is unlikely that a liberal will be sitting on the bench.
What the circuit judge will do, I feel certain, is make all the sentences consecutive; he’ll sentence Malvo to one life sentence, which will necessitate an immediate parole hearing, since he has been in the can for over 12 years; if somehow he gets parole, the second sentence would then start, and he wouldn’t be eligible for parole until 2029, when he’ll be 44 years old; if the bleeding hearts on the parole board oblige him, his weapons sentences would start (in Virginia, an 8 year term usually means he gets out in 4). So Malvo gets released from Virginia custody at age 48 in 2033.
At this point, Virginia would hand him over to Maryland, where he pleaded guilty to 6 murders. Under Maryland statute, he is not eligible for parole until he has served 15 years of a life sentence. In Maryland, most of the state court judges are democrats, but some of them are tough. If a Maryland judge does the right thing in resentencing Malvo, he would make each murder count be served consecutively, meaning that Malvo would have to serve 90 years in a Maryland prison, or until age 138, until he would be eligible for release.
Of course, he is still wanted in other states where he committed murder, such as Louisiana and Arizona.
Therefore, I hope that his proceedings are a mere formality and that he remains in Red Onion State Prison, the supermax joint way out in the Wise County mountains near the Kentucky border until they bag him up for burial.
I hope someone shows him exactly what his victims felt.
Thanks for explaining. Hope you’re right. I frequently drive by the still empty lot across from the Seven Corners Home Depot and think about these heinous events.
Moose had an accurate description of the old Chev Caprice but continued to feed the media the bogus description of a white trade van and withholding descriptions of the two suspects as blacks. This went on for several weeks and I recall that more victims were shot during Moose’s coverup.
Fear not, he’ll be resentenced to another life term....he’s going nowhere.
Lets not be hasty in condemning the judge. He was following the rules set forth by SCOTUS. Also, the judge did not restrict subsequent rulings and if my understanding is correct, the sentencing judge can still reimpose the same sentence.
The legal point is over AUTOMATIC sentences for minors.
;)
I guess this judge ruled his victims “not-dead”?
Seriously - what has happened to the courts?
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