A federal appeals court will hear arguments this week about the life sentences being served by Lee Boyd Malvo, who was 17 when he was arrested in the sniper shootings that killed 10 people and wounded three others in and around the nation's capital.

A federal judge in Virginia has found that Malvo is entitled to new sentencing hearings now that the U.S. Supreme Court has found mandatory life sentences for juveniles are unconstitutional.

Virginia Attorney General Mark Herring is appealing. A hearing is scheduled Tuesday before the 4th U.S. Circuit Court of Appeals in Richmond.

Malvo's accomplice, John Allen Muhammad, was executed in Virginia in 2009.