United States v. Robert Manning
Opinion
Opinion
Wallace, J.
Manning appeals from his conviction following a jury trial and life sentence for murder by mail bomb, in violation of 18 U.S.C. §§ 1716 (a) and 2. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm the conviction and life sentence, but remand for the court to correct Manning’s parole eligibility.
I
On July 14, 1980, a cardboard box was mailed to the office of Ms. Brenda Croutha-mel, now Mrs. Brenda Adams (Adams), at Prowest Computer Corporation. The box contained a packing slip with a letter dated July 11, 1980. The letter began “Dear Friend” and advised the reader that the box contained a “new invention” that would “open a new age in eomputér sales and advertising.” The letter went on to say that the device in the box had a “prerecorded tape” that would describe the invention’s “many functions” and that the reader should just “plug it in” to hear the tape.
The package was delivered on July 17, but Adams did not plug in the device, as she was on her way out of the office to look for a new ear. Unfortunately, Adams’s secretary, Patricia Wilkerson, opened the package, and upon reading the letter plugged the device into an outlet. The device…