Malvo is serving his Virginia life sentences in a maximum security facility — Red Onion State Prison — in southwestern Virginia.
In 2012, the U.S. Supreme Court ruled sentencing juveniles to mandatory life sentences without the possibility of parole was unconstitutional.
Malvo was 17 when he and John Allen Muhammad, who was 41, began the attacks in D.C., Maryland and Virginia for a period of three weeks in October 2002 that killed 10 people and critically wounded three others before they were arrested later that month at a Maryland rest stop.
In August 2022, Maryland’s Court of Appeals ruled that to comply with the standards of the Supreme Court, the Circuit Court must resentence Malvo.
On Monday, Malvo, now 38, appeared by video in Montgomery County Circuit Court, where Judge Sharon Burrell held a hearing to discuss logistics of Malvo’s resentencing for his Maryland crimes. Among the issues discussed were security challenges in transporting Malvo from a supermax facility in Virginia to the Montgomery County jail.
Transferring Malvo for resentencing would require agreements from Maryland’s and Virginia’s governors.
Montgomery County State’s Attorney John McCarthy told Burrell he has talked to the victims’ families through the years, and they don’t want to go through another in-person sentencing for the convicted killer.
McCarthy argued there is no rush to resentence Malvo in Maryland, given his life sentences in Virginia.
The next status hearing is scheduled for Dec. 1.