Washington (CNN) The Supreme Court agreed on Monday to take up a case concerning Lee Boyd Malvo, who was convicted for his role in the sniper shooting spree that took place in the Washington, DC, area in 2002.

Malvo is currently serving life without parole. A lower court ruled that he must be re-sentenced because he was only 17 when the crimes were committed.

Virginia sought to appeal that ruling. The state argued that Court precedent only applies when there is a mandatory sentence of life without parole.

Malvo, who is now 34 years old, was one of two people convicted in the sniper attacks that took place in 2002 in Maryland, Virginia and DC and left 10 dead. His partner in the shootings, John Allen Muhammad, was executed in November 2009 in Virginia for his part in the spree.

In one of his Virginia trials, Malvo used an insanity defense, alleging that Muhammad had brainwashed him into committing murder. He also originally claimed to be the triggerman in all of the shootings, but later said that Muhammad was the shooter in all but the last one.