A Virginia circuit court has set Nov. 10 as the execution date for sniper John Muhammad.

In 2002, the nation was in shock, and fear was rampant, waiting to see who the next victim of a sniper would be in the Washington DC area.

According to the CNN website in that letter from Wednesday, Senior Assistant Attorney General, Katherine B. Burnett said that the date, “has been carefully coordinated with the governor’s office to insure his availability for any clemency petition Muhammad may wish to pursue.”

In response to this move to execution, the attorney who is representing Muhammad is saying he will file an appeal with the U.S. Supreme Court, as well as, ask for clemency. Dean Harold Meyers was at a gas station when he was killed by a single bullet from a rifle that was used by Muhammad to commit the crime. Meyers was one of 13 people who were shot by Muhammad, of which 10 were killed by him and his young accomplice John Lee Malvo. Malvo, now 24 is in the Red Onion maximum-security prison serving a life sentence for the murders. Two years ago Carmeta Albarus-Lindo, his social worker said that Malvo was a changed man after being “brainwashed” by Muhammad. But prosecutor’s disagreed and insisted that at 17 he knew what he was doing, even though he was technically still a juvenal. When the jury in the trial spared Malvo the death penalty investigators were said to be horrified, while some members of the victim’s families were satisfied with the lifetime prison sentence.