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The day of reckoning is slowly approaching for convicted John Allen Muhammad, 48,  as he is scheduled to be executed November 10.

On October 27, a Virginia correction official announced that Muhammad would die by way of lethal injection, but now there’s a chance that it might not happen and that he might just have to do life in prison.

After asking for clemency last month from Gov. Timothy M. Kaine, attorneys have now made the motion to file for an appeal to remove the death penalty Tuesday.

Muhammad is known publicly as the Beltway sniper, a.k.a the D.C. Sniper, who was responsible for the killing of 10 people back in 2002.  Along with his partner in crime, Lee Boyd Malvo, the two were arrested, due to tips from citizens, in connection with the shootings on October 24, 2002.

Continuing to fight for their client, they tried to make the argument that he should be given some sort of pity stating that he was a victim to a severe mental illness while in the Persian Gulf War that only made him worse as time progressed.

Audio interviews were used as evidence of the proposed illness as mental health experts, witnesses and other attorneys spoke on his current circumstance.

The trial began October 23, 2003 and he was found guilty the preceding month of capital murder and sentenced to death four months later.  The victim was Dean Meyers, 53, who was shot to death while at a gas station in the Manassas area.

May 30, 2006 saw Muhammad convicted of six counts of first-degree murder in Maryland.  He then returned to Virginia to be placed on death row.

September 16, 2009 saw a Virginia judge set the date for the execution with the choice of lethal injection or electric chair.  Unable to choose, law states that he would receive lethal injection.

In regards to Malvo, he is currently serving a life term behind bars.

As the story continues to unfold, the justice system ceases to amaze how those that commit serious, unforgivable crimes are given a chance.

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