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MALVO v. MATHENA

No. 17-6746, No. 17-6758.

893 F.3d 265 (2018)

Lee Boyd MALVO, Petitioner-Appellee, v. Randall MATHENA, Chief Warden, Red Onion State Prison, Respondent-Appellant. Holly Landry, Amicus Supporting Appellee. Lee Boyd Malvo, Petitioner-Appellee, v. Randall Mathena, Chief Warden, Red Onion State Prison, Respondent-Appellant. Holly Landry, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 21, 2018.

Attorney(s) appearing for the Case

ARGUED: Matthew Robert McGuire , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellant. Craig Stover Cooley , Richmond, Virginia, for Appellee. ON BRIEF: Mark R. Herring , Attorney General, Trevor S. Cox , Acting Solicitor General, Donald E. Jeffrey III , Senior Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellant. Michael Arif , ARIF & ASSOCIATES, P.C., Fairfax, Virginia, for Appellee. Danielle Spinelli , Beth C. Neitzel , WILMER CUTLER PICKERING HALE AND DORR LLP, Washington, D.C., for Amicus Curiae.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge King and Judge Diaz joined.

In Virginia in 2004, a 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, unless the judge suspended his sentence. After a Virginia jury convicted Lee Boyd Malvo of two counts of capital murder...

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