*He showed no mercy when gunning down nine black worshippers in June 2015, but white supremacist Dylann Roof is now asking a court for mercy in his punishment for the horrific hate crime.
On Tuesday, Roof asked the 4th U.S. Circuit Court of Appeals to overturn his conviction and death sentence for the racist attack at Emanuel AME church in Charleston, S.C.
The filing by Roof’s attorneys was reportedly an expected move in what will likely be years of appeals in his federal case. Earlier this month, the federal judge who presided over Roof’s trial rejected his first appeal, ruling that the conviction and death sentence should stand.
The 23-year-old was sentenced to death earlier this year.
In his initial appeal, Roof argued that his crime didn’t fit the definition of interstate commerce needed to make a federal case because he bought the gun and bullets in South Carolina and did not travel out-of-state to the church.
But U.S. District Judge Richard Gergel ruled that Roof had used a telephone to call the church, GPS to find it and that the bullets and gun were manufactured in a different state.
Roof remains in custody on federal death row in Terre Haute, Indiana.