U.S. v. HERRIMAN

No. 12-7085.

739 F.3d 1250 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel Wells HERRIMAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 14, 2014.


Attorney(s) appearing for the Case

Carl Folsom, III ( Robert Ridenour , Assistant Federal Public Defender, and Julia L. O'Connell , Federal Public Defender, with him on the briefs), Office of the Federal Public Defender, Muskogee, Oklahoma, for Defendant-Appellant.

Gregory Dean Burris ( Linda A. Epperley , Assistant United States Attorney, Mark F. Green , United States Attorney, and Christopher J. Wilson , Assistant United States Attorney, on the brief), Office of the United States Attorney, Muskogee, Oklahoma, for Plaintiff-Appellee.

Before HARTZ, HOLMES, and BACHARACH, Circuit Judges.


HOLMES, Circuit Judge.

After planting a bomb near a gas pipeline, Daniel Herriman voluntarily turned himself in to the authorities and confessed. When he was criminally charged for his conduct, he pleaded not guilty and presented a defense to the jury based on his mental illness. Unpersuaded, the jury voted to convict him. Mr. Herriman then sought a downward adjustment to his sentence under § 3E1.1 of the U.S. Sentencing Guidelines ("U.S.S.G." or "Guidelines...

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