Virginia AG: Supreme Court should decide if DC sniper gets re-sentenced

VIRGINIA BEACH, UNITED STATES: Sniper suspect Lee Boyd Malvo (C) is escorted by deputies as he is brought into court to be identified by a witness during the murder trial for sniper suspect John Allen Muhammad in courtroom 10 at the Virginia Beach Circuit Court 22 October, 2003, in Virginia Beach, Virginia. Malvo, who was a 17 year-old minor at the time of the crimes was tried as an adult. (Photo credit: DAVIS TURNER/AFP/Getty Images)
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RICHMOND, Va. (AP) — Virginia's attorney general said he'll ask the U.S. Supreme Court to decide if Washington, D.C., sniper Lee Boyd Malvo should get a new sentencing hearing.

Attorney General Mark Herring said in a statement Friday that Malvo's resentencing should be put on hold as he seeks the Supreme Court's review. Herring asked the 4th U.S. Circuit Court of Appeals to halt a recent order that granted Malvo a new penalty hearing.

“Malvo remains a convicted mass murderer who terrorized an entire region with his heinous and cold blooded killings," said Herring. "I will keep working to ensure that he faces justice and serves the sentences that were imposed.”

Malvo was 17 when he and John Allen Muhammad fatally shot 10 people in the Washington area in 2002. Muhammad was executed. Malvo got several life terms, including four in Virginia.

The 4th Circuit ruled last week that Malvo should be resentenced in Virginia under the Supreme Court's new rules for punishing juveniles. Herring argues Malvo's sentence already complies with those rules because of Virginia's discretionary life sentence.

He also argues that the 4th Circuit decision conflicts with decisions by courts in Arkansas, Colorado, Georgia, Indiana, Missouri, New Mexico, South Dakota and Texas, as well as the First, Fifth, and Eighth Circuits