In 2017, the United States Court of Appeals for the Fourth Circuit vacated Malvo's three life sentences without parole in Virginia on appeal, with re-sentencing ordered pursuant to the Supreme Court's ruling in the case of "Miller v. Alabama", 567 U.S. 460, 132 S.Ct. 2455 (2012), which held that mandatory life sentences for juvenile criminals without possibility of parole violated the Eighth Amendment to the U.S. Constitution. The U.S. Supreme Court granted certiorari, with oral arguments held on October 16, 2019. Should he be resentenced, Malvo's minimum prison sentence will be determined by a judge; the available maximum sentence would be life imprisonment. The ruling does not apply to the six life sentences Malvo received in Maryland. On February 25, 2020, after the passage of a Virginia law allowing those who are serving life sentences for offenses committed before the age of 18 to seek release after serving 20 years, the U.S. Supreme Court case was dismissed at the request of lawyers on both sides.