D.C. Sniper John Allen Muhammed's Execution Going Forward; Appeal Thwarted by Supreme Court

604935File Photo: John Allen Muhammed is sentenced to death on Tuesday, March 9, 2004 in Manassas, Va.

NEW YORK (CBS/AP) The U.S. Supreme Court has denied a request to block Tuesday's execution of Washington, D.C. sniper mastermind John Allen Muhammed.

The Court did not issue a statement Monday on why it refused to consider his appeal.

Muhammad's lawyer released a response to the Court's decision shortly after the ruling. "In its effort to race John Allen Muhammad to his death before his appeals could be pursued, the state of Virginia will execute a severely mentally ill man who also suffered from Gulf War Syndrome the day before Veterans day," Jonathan Sheldon said.

Muhammad is scheduled to die by injection Tuesday at a Virginia prison for the slaying of Dean Harold Meyers at a gas station during a three-week spree in October 2002 across Maryland, Virginia and Washington, D.C.

Muhammad and his teenage accomplice, Lee Boyd Malvo, were also suspected of fatal shootings in other states, including Louisiana, Alabama and Arizona. Malvo is serving life in prison.

Muhammad still has a clemency petition before Virginia Gov. Timothy M. Kaine.