Malvo v. Mathena, No. 17-6746 (4th Cir. 2018)Annotate this Case
During seven weeks in 2002, Malvo (then 17 years old) and Muhammad, the “D.C. Snipers,” murdered 12 individuals, inflicted grievous injuries on six others, and terrorized the area with a shooting spree. The two were apprehended while sleeping in a car. A loaded rifle was found in the car; a hole had been “cut into the lid of the trunk, just above the license plate, through which a rifle barrel could be projected.” At the time, a Virginia defendant convicted of capital murder, who was at least 16 years old at the time of his crime, would be punished by either death or life imprisonment without the possibility of parole. A jury convicted Malvo of two counts of capital murder but declined to recommend the death penalty. He was sentenced to two terms of life imprisonment without parole. Malvo later pleaded guilty in another Virginia jurisdiction to capital murder and attempted capital murder and received two additional terms of life imprisonment without parole. The Supreme Court subsequently held that defendants who committed crimes when under the age of 18 cannot be sentenced to death; cannot be sentenced to life imprisonment without parole unless they committed a homicide that reflected their permanent incorrigibility; and that these rules were to be applied retroactively. The Fourth Circuit concluded that Malvo’s sentences must be vacated because the retroactive constitutional rules for sentencing juveniles were not satisfied. The court remanded for resentencing to determine whether Malvo qualifies as a rare juvenile offender who may, consistent with the Eighth Amendment, be sentenced to life without the possibility of parole because his “crimes reflect permanent incorrigibility” or whether those crimes instead “reflect the transient immaturity of youth,” so that he must receive a lesser sentence.