5:19-cr-50094•USA v. Herrod
Full text
Case 5:19-cr-50094-TLB Document 70 Filed 02/21/20 Page 1 of 1 PageID #: <pageID>
OCR transcription for search; preserved printed pages are authoritative
Case 5:19-cr-50094-TLB Document 70 Filed 02/21/20 Page 1of1 PagelD #: <pagelD> IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION UNITED STATES PLAINTIFF V. CASE NO. 5:19-CR-50094-001 FREDERICK HERROD DEFENDANT OPINION AND ORDER Before the Court are Defendant Frederick Herrod’s Motion for Writ of Error Coram Nobis (Doc. 64) and Motion to Dismiss (Doc. 65). Both Motions are DENIED. Mr. Herrod’s first Motion invokes the writ of coram nobis. The “error” Mr. Herrod appears to allege as the basis for the writ is this Court’s lack of jurisdiction over him because this Court is a foreign state and Mr. Herrod enjoys sovereign immunity under the 11th Amendment. Mr. Herrod’s second Motion renews his assertion that this Court does not have jurisdiction over him and states that he does not consent to be sentenced by this Court and must be released and all charges be dismissed. The Eighth Circuit has established that such jurisdictional arguments can be “reject[ed] as meritless.” United States v. Hardin, 489 F. App’x 984, 986 (8th Cir. 2012) (per curiam); see also United States v. Hart, 701 F.2d 749, 750 (8th Cir. 1983) (per curiam) (rejecting as “frivolous” an appeal based on the assertion that the district court lacked jurisdiction “over a sovereign citizen”). The Court finds that, pursuant to 18 U.S.C. §§ 3231 & 3232, it has jurisdiction over Mr. Herrod’s violation of the federal criminal laws of which he is convicted in this case and both motions (Docs. 64 & 65) are therefore DENIED. IT 1S SO ORDERED this 21st day of February, 2020. TEDISTATES DISTRICT JUDGE “UNI
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.