A federal district court judge tossed out 2 life sentences for D.C. sniper Lee Boyd Malvo on Friday. Malvo and his "father figure" John Allen Muhammad were convicted of the sniper-style shootings that killed ten people and wounded three others in the Washington D.C. area in 2002.
Malvo appealed his 2 life sentences without parole. The judge agreed that his life sentences were unconstitutional since he was only 17 years old at the time of the murders.
Malvo, now 32, based his appeal on a Supreme court ruling that found juveniles are "less deserving of the most severe punishments".
The judge vacated the life sentences but Malvo's convictions still stand. His case has been has been remanded back to Spotsylvania County Circuit Court for a new sentencing hearing.
Fairfax County Commonwealth's Attorney Ray Morrogh said the Virginia Attorney General can appeal the judge's ruling. But if not, Morrogh said he will pursue another life sentence because he believes Malvo's crimes fit the criteria for harsh punishment.
Malvo is currently incarcerated at Red Onion State Prison, a super-maximum security prison in Virginia.
Muhammad was executed in 2009 after losing his appeals.
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