Convicted D.C. sniper Lee Boyd Malvo, now 38, sought to have his six murder convictions in Maryland vacated, but a Montgomery County judge denied his motion and postponed his resentencing hearing indefinitely. Malvo, who was only 17 at the time of the 2002 sniper attacks, has been serving four life sentences in Virginia for his role in the deadly rampage that claimed 10 lives across D.C., Maryland, and Virginia.
The case drew new attention following a series of Supreme Court rulings and changes in Maryland and Virginia laws that have largely abolished life without parole for minors. In 2022, Maryland’s highest court ruled that Malvo was entitled to a new sentencing hearing under these new guidelines. Despite this, Wednesday’s motion to vacate his sentences was denied, leaving his legal status in limbo.
Appearing via video link from Virginia’s Keen Mountain Correctional Center, Malvo listened as Judge Sharon Burrell read a handwritten letter he had sent to the court. In his letter, Malvo expressed frustration at being “wedged between two immovable states,” as disagreements between Maryland and Virginia had stalled his transfer for resentencing. He added, “If I am ever released, I am ready for a plea deal, without dragging it out any further. I don’t want victims’ families, or the wider community to have to endure another trial.”
Malvo’s crimes, committed alongside 41-year-old John Allen Muhammad, terrorized the region over a three-week period in October 2002. The pair killed 10 people and critically injured three others, including six in Montgomery County, Maryland. Muhammad was sentenced to death in Virginia and was executed in 2009, while Malvo received multiple life sentences.
During the hearing, Malvo’s attorney argued that Maryland prosecutors had not made sufficient efforts to facilitate his transfer from Virginia. The defense pushed for his Maryland sentences to run concurrently with his Virginia life terms, but Montgomery County had initially imposed consecutive life sentences. Malvo’s legal team suggested that Maryland officials could have leveraged political connections to speed up the process, calling out Montgomery County State’s Attorney John McCarthy for not doing more.
However, Virginia officials have been firm in their stance. “Due to his violent criminal history, Gov. Youngkin’s position is that Mr. Malvo should complete his Virginia sentence before being transferred to Maryland for resentencing,” said Youngkin spokesperson Christian Martinez.
After two hours of arguments, Judge Burrell ruled against vacating Malvo’s sentences, stating, “The court finds no basis to vacate the plea.” She added that Malvo cannot be resentenced remotely and must wait until his Virginia sentence is served.
While Malvo’s resentencing had been scheduled for December, Burrell postponed the hearing indefinitely. She issued a detainer that, should Malvo ever be released or paroled from Virginia, he would immediately be transferred to Montgomery County for resentencing in person.