# Border Agent arrested for serial murder: Trump pardons him in....what, 90 days? Less?

**URL:** <https://boards.straightdope.com/t/border-agent-arrested-for-serial-murder-trump-pardons-him-in-what-90-days-less/821458>\
**Category:** The BBQ Pit\
**Created:** [September 16, 2018, 7:47pm UTC](https://boards.straightdope.com/t/border-agent-arrested-for-serial-murder-trump-pardons-him-in-what-90-days-less/821458 "2018-09-16T19:47:00Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![SuperAbe](https://avatars.discourse-cdn.com/v4/letter/s/f17d59/32.png) [@SuperAbe](https://boards.straightdope.com/u/SuperAbe)\
**Post date:** [September 17, 2018, 2:20am UTC](https://boards.straightdope.com/t/border-agent-arrested-for-serial-murder-trump-pardons-him-in-what-90-days-less/821458/21 "2018-09-17T02:20:34Z")

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> [@Cartooniverse](#):
>
> And, in an amusing and telling update, that good 'ole horndog Deputy? Well. He was gonna be innocent until proven guilt.
> 
> But his guilt was so tremendous that he went and offed himself in jail.
> 
> [Good riddance to bad garbage.](https://people.com/crime/texas-sheriff-deputy-suicide-prison-cell-after-sex-assault/)

While I have zero comments about the Individual in question or the specific case (since I lack any background or, well, desire to fix that), the charge of **super aggravated sexual assault** noted in the above link does give me pause. Is there a Super-duper Aggravated Assualt charge? Or is it Ultra Aggravated? Or Most-est? Or Extra Aggravated?

Inquiring minds…

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**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\
**Post date:** [September 17, 2018, 2:59am UTC](https://boards.straightdope.com/t/border-agent-arrested-for-serial-murder-trump-pardons-him-in-what-90-days-less/821458/22 "2018-09-17T02:59:32Z")

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> [@elucidator](#):
>
> Looks like he was arrested by the State of Texas. Federal laws don’t apply in Texas.

Huh? Of course federal laws apply in Texas. The Texas coppers, though, are not federal agents; they arrested him pursuant to Texas law.

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**Author:** ![Drunky\_Smurf](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/drunky_smurf/32/449_2.png) [@Drunky\_Smurf](https://boards.straightdope.com/u/Drunky_Smurf)\
**Post date:** [September 17, 2018, 3:27am UTC](https://boards.straightdope.com/t/border-agent-arrested-for-serial-murder-trump-pardons-him-in-what-90-days-less/821458/23 "2018-09-17T03:27:10Z")

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> [@Der\_Trihs](#):
>
> So he can have people cheer him and stroke his ego.

Like you and your ego and your post?

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**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\
**Post date:** [September 17, 2018, 4:40am UTC](https://boards.straightdope.com/t/border-agent-arrested-for-serial-murder-trump-pardons-him-in-what-90-days-less/821458/24 "2018-09-17T04:40:24Z")

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> [@Monty](#):
>
> Huh? Of course federal laws apply in Texas. The Texas coppers, though, are not federal agents; they arrested him pursuant to Texas law.

Sarcasm is illegal in China, so I can appreciate the delicacy of your situation. Wink,wink, say no more.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [September 17, 2018, 1:55pm UTC](https://boards.straightdope.com/t/border-agent-arrested-for-serial-murder-trump-pardons-him-in-what-90-days-less/821458/25 "2018-09-17T13:55:25Z")

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> [@MEBuckner](#):
>
> I  
> It seems to me you’re suggesting that murder by poison (or by lying in wait, or in the course of arson, etc.) is a federal crime, solely by virtue of having been perpetrated by using poison (or by lying in wait, etc.). I don’t see how that’s right.

No, no – that’s not what I’m saying, although in looking at my previous post I think I dropped a paragraph while cutting and pasting.

But to be clear: § 1111 is a federal felony murder rule. If there is a federal offense that results in a death when those listed circumstances are present, then it’s a federal murder. That’s not to say that any death by poison is a federal murder offense. Any use of poison that is a federal offense, and results in death, is a federal murder case.

Apologies for my lack of clarity.

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**Author:** ![MEBuckner](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mebuckner/32/2896_2.png) [@MEBuckner](https://boards.straightdope.com/u/MEBuckner)\
**Post date:** [September 17, 2018, 1:58pm UTC](https://boards.straightdope.com/t/border-agent-arrested-for-serial-murder-trump-pardons-him-in-what-90-days-less/821458/26 "2018-09-17T13:58:03Z")

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OK, that makes more sense.

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<div class="post-metadata">

**Author:** ![Sparky812](https://avatars.discourse-cdn.com/v4/letter/s/eb9ed0/32.png) [@Sparky812](https://boards.straightdope.com/u/Sparky812)\
**Post date:** [September 17, 2018, 2:14pm UTC](https://boards.straightdope.com/t/border-agent-arrested-for-serial-murder-trump-pardons-him-in-what-90-days-less/821458/27 "2018-09-17T14:14:44Z")

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> [@Colibri](#):
>
> The main problem with OPs like this one is that it gives idiots like you a chance to say stupid shit like this.

I don’t see it as a problem …it let’s us know who’s wearing a dunce cap at their computer.  
Secondly, it’s really cool that there’s another Ponch out there.

> [@](#):
>
> The Texas Rangers, which is spearheading the investigation, declined to comment. DPS Sgt. Erick Estrada said Saturday morning that they are not disclosing any new information about the case.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [September 17, 2018, 3:17pm UTC](https://boards.straightdope.com/t/border-agent-arrested-for-serial-murder-trump-pardons-him-in-what-90-days-less/821458/28 "2018-09-17T15:17:09Z")

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> [@MEBuckner](#):
>
> OK, that makes more sense.

But even then, the reach may be broader than you’d imagine in the hands of eager federal prosecutors.

Carol Anne Bond was furious to learn that her husband’s affair with her best friend Myrlinda Haynes had resulted in a pregnancy. So she reacted as any jilted microbiologist might: she stole 10-chloro-10H-phenoxarsine (an arsenic-based  
substance) and potassium dichromate, used for cleaning lab equipment, from her job and coated Myrlinda’s car door, muffler, mailbox, and front door knob. The intent was not to kill, she claimed (and prosecutors agreed) – although the substances are toxic in high enough doses – but rather to give her erstwhile bestie a terrible rash.

Myrlinda saw the powder, and though she did get a minor chemical burn on her thumb, she avoided any other serious effects, even though Carol Anne repeated her dosing 24 times over 8 months. Repeated calls to the local police produced nothing but the advice to call the post office.

Postal inspectors set up surveillance cameras, and caught Carol Anne in the act: on video, she opened Myrlinda’s mailbox, stole a letter, and stuffed the car muffler with potassium dichromate.

Carol Anne was charged with mail theft, in violation of 18 USC §1708. No surprise there.

But she was also charged with violation of 18 USC §229(a): it is unlawful for any person tot knowingly develop, produce, otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, or use, or threaten to use, any chemical weapon.

This latter law is part of the Chemical Weapons Convention Implementation Act of 1998, enacted by Congress in response to the treaty known as the International Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction.

A “chemical weapon” is defined as any toxic chemical and its precursors, except where intended for a lawful purpose. A “toxic chemical” is any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. The term includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere.

In other words, prosecutors said that this was a federal crime because of an international treaty prohibiting the use of chemical weapons.

If Myrlinda had died, presumably prosecutors would have charged her with felony murder under § 1111.

Carol Anne was convicted, and the Third Circuit upheld the conviction. The Supreme Court reversed, finding that the intent of Congress was not to encompass “purely local crime.”

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<div class="post-metadata">

**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\
**Post date:** [September 17, 2018, 4:06pm UTC](https://boards.straightdope.com/t/border-agent-arrested-for-serial-murder-trump-pardons-him-in-what-90-days-less/821458/29 "2018-09-17T16:06:25Z")

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> [@Bricker](#):
>
> But even then, the reach may be broader than you’d imagine in the hands of eager federal prosecutors.
> 
> Carol Anne Bond was furious to learn that her husband’s affair with her best friend Myrlinda Haynes had resulted in a pregnancy. So she reacted as any jilted microbiologist might: she stole 10-chloro-10H-phenoxarsine (an arsenic-based  
> substance) and potassium dichromate, used for cleaning lab equipment, from her job and coated Myrlinda’s car door, muffler, mailbox, and front door knob. The intent was not to kill, she claimed (and prosecutors agreed) – although the substances are toxic in high enough doses – but rather to give her erstwhile bestie a terrible rash.
> 
> Myrlinda saw the powder, and though she did get a minor chemical burn on her thumb, she avoided any other serious effects, even though Carol Anne repeated her dosing 24 times over 8 months. Repeated calls to the local police produced nothing but the advice to call the post office.
> 
> Postal inspectors set up surveillance cameras, and caught Carol Anne in the act: on video, she opened Myrlinda’s mailbox, stole a letter, and stuffed the car muffler with potassium dichromate.
> 
> Carol Anne was charged with mail theft, in violation of 18 USC §1708. No surprise there.
> 
> But she was also charged with violation of 18 USC §229(a): it is unlawful for any person tot knowingly develop, produce, otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, or use, or threaten to use, any chemical weapon.
> 
> This latter law is part of the Chemical Weapons Convention Implementation Act of 1998, enacted by Congress in response to the treaty known as the International Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction.
> 
> A “chemical weapon” is defined as any toxic chemical and its precursors, except where intended for a lawful purpose. A “toxic chemical” is any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. The term includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere.
> 
> In other words, prosecutors said that this was a federal crime because of an international treaty prohibiting the use of chemical weapons.
> 
> If Myrlinda had died, presumably prosecutors would have charged her with felony murder under § 1111.
> 
> Carol Anne was convicted, and the Third Circuit upheld the conviction. The Supreme Court reversed, finding that the intent of Congress was not to encompass “purely local crime.”

It would have worked, too - if it weren’t for you meddling _kids_!

Regards,  
Shodan

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<div class="post-metadata">

**Author:** ![DrFidelius](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/drfidelius/32/3447_2.png) [@DrFidelius](https://boards.straightdope.com/u/DrFidelius)\
**Post date:** [September 17, 2018, 4:18pm UTC](https://boards.straightdope.com/t/border-agent-arrested-for-serial-murder-trump-pardons-him-in-what-90-days-less/821458/30 "2018-09-17T16:18:33Z")

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> [@Shodan](#):
>
> It would have worked, too - if it weren’t for you meddling _kids_!
> 
> Regards,  
> Shodan

Holy shit.  
I just laughed at something Shodan said for his intended reason.

Today is truly a day of miracles.

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<div class="post-metadata">

**Author:** ![SteveG1](https://avatars.discourse-cdn.com/v4/letter/s/bb73d2/32.png) [@SteveG1](https://boards.straightdope.com/u/SteveG1)\
**Post date:** [September 17, 2018, 10:10pm UTC](https://boards.straightdope.com/t/border-agent-arrested-for-serial-murder-trump-pardons-him-in-what-90-days-less/821458/31 "2018-09-17T22:10:52Z")

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> [@Cartooniverse](#):
>
> And, in an amusing and telling update, that good 'ole horndog Deputy? Well. He was gonna be innocent until proven guilt.
> 
> But his guilt was so tremendous that he went and offed himself in jail.
> 
> [Good riddance to bad garbage.](https://people.com/crime/texas-sheriff-deputy-suicide-prison-cell-after-sex-assault/)

Good. I hope he botched it, and took a while to slowly and painfully strangle.

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<div class="post-metadata">

**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\
**Post date:** [September 17, 2018, 11:21pm UTC](https://boards.straightdope.com/t/border-agent-arrested-for-serial-murder-trump-pardons-him-in-what-90-days-less/821458/32 "2018-09-17T23:21:59Z")

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> [@Bricker](#):
>
> But even then, the reach may be broader than you’d imagine in the hands of eager federal prosecutors.
> 
> Carol Anne Bond was furious to learn that her husband’s affair with her best friend Myrlinda Haynes had resulted in a pregnancy. So she reacted as any jilted microbiologist might: she stole 10-chloro-10H-phenoxarsine (an arsenic-based  
> substance) and potassium dichromate, used for cleaning lab equipment, from her job and coated Myrlinda’s car door, muffler, mailbox, and front door knob. The intent was not to kill, she claimed (and prosecutors agreed) – although the substances are toxic in high enough doses – but rather to give her erstwhile bestie a terrible rash.
> 
> Myrlinda saw the powder, and though she did get a minor chemical burn on her thumb, she avoided any other serious effects, even though Carol Anne repeated her dosing 24 times over 8 months. Repeated calls to the local police produced nothing but the advice to call the post office.
> 
> Postal inspectors set up surveillance cameras, and caught Carol Anne in the act: on video, she opened Myrlinda’s mailbox, stole a letter, and stuffed the car muffler with potassium dichromate.
> 
> Carol Anne was charged with mail theft, in violation of 18 USC §1708. No surprise there.
> 
> But she was also charged with violation of 18 USC §229(a): it is unlawful for any person tot knowingly develop, produce, otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, or use, or threaten to use, any chemical weapon.
> 
> This latter law is part of the Chemical Weapons Convention Implementation Act of 1998, enacted by Congress in response to the treaty known as the International Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction.
> 
> A “chemical weapon” is defined as any toxic chemical and its precursors, except where intended for a lawful purpose. A “toxic chemical” is any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. The term includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere.
> 
> In other words, prosecutors said that this was a federal crime because of an international treaty prohibiting the use of chemical weapons.
> 
> If Myrlinda had died, presumably prosecutors would have charged her with felony murder under § 1111.
> 
> Carol Anne was convicted, and the Third Circuit upheld the conviction. The Supreme Court reversed, finding that the intent of Congress was not to encompass “purely local crime.”

Cite?

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<div class="post-metadata">

**Author:** ![CaptMurdock](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/captmurdock/32/11736_2.png) [@CaptMurdock](https://boards.straightdope.com/u/CaptMurdock)\
**Post date:** [September 17, 2018, 11:37pm UTC](https://boards.straightdope.com/t/border-agent-arrested-for-serial-murder-trump-pardons-him-in-what-90-days-less/821458/33 "2018-09-17T23:37:23Z")

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> [@Bricker](#):
>
> Carol Anne was convicted, and the Third Circuit upheld the conviction. The Supreme Court reversed, finding that the intent of Congress was not to encompass “purely local crime.”

Did the SC overturn the entire murder conviction, or just the federal part?

(BTW, thank you for the info on federal murder charges. Most illuminating.)

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<div class="post-metadata">

**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\
**Post date:** [September 17, 2018, 11:41pm UTC](https://boards.straightdope.com/t/border-agent-arrested-for-serial-murder-trump-pardons-him-in-what-90-days-less/821458/34 "2018-09-17T23:41:37Z")

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> [@CaptMurdock](#):
>
> Did the SC overturn the entire murder conviction, or just the federal part?
> 
> (BTW, thank you for the info on federal murder charges. Most illuminating.)

You appear to have lost the thread somewhere, as there was no death resulting from the actions, and thus, no murder conviction for the SC to overturn.

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<div class="post-metadata">

**Author:** ![j666](https://avatars.discourse-cdn.com/v4/letter/j/9de0a6/32.png) [@j666](https://boards.straightdope.com/u/j666)\
**Post date:** [September 18, 2018, 2:21am UTC](https://boards.straightdope.com/t/border-agent-arrested-for-serial-murder-trump-pardons-him-in-what-90-days-less/821458/35 "2018-09-18T02:21:31Z")

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> [@Der\_Trihs](#):
>
> The goal is to persecute everyone who isn’t a white right winger; few if any people actually care about immigration, it’s all about racism. The fact that the victims had Hispanic names is more than enough for Trump and his supporters to want them to die slowly. The fact that [one of the victims was transgender](http://nymag.com/daily/intelligencer/2018/09/juan-david-ortiz-border-patrol-killer.html) will only add to their ecstasy.
> 
> All over the country there are right wingers cheering this guy on, I’m sure.
> 
> So he can have people cheer him and stroke his ego.

His name is Juan Ortiz. He is going to fry.

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<div class="post-metadata">

**Author:** ![mistymage](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mistymage/32/459_2.png) [@mistymage](https://boards.straightdope.com/u/mistymage)\
**Post date:** [September 18, 2018, 4:35am UTC](https://boards.straightdope.com/t/border-agent-arrested-for-serial-murder-trump-pardons-him-in-what-90-days-less/821458/36 "2018-09-18T04:35:11Z")

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> [@j666](#):
>
> His name is Juan Ortiz. He is going to fry.

“Assimilated.” … Like Ted Cruz! /barf

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<div class="post-metadata">

**Author:** ![j666](https://avatars.discourse-cdn.com/v4/letter/j/9de0a6/32.png) [@j666](https://boards.straightdope.com/u/j666)\
**Post date:** [September 18, 2018, 10:20am UTC](https://boards.straightdope.com/t/border-agent-arrested-for-serial-murder-trump-pardons-him-in-what-90-days-less/821458/37 "2018-09-18T10:20:43Z")

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> [@mistymage](#):
>
> “Assimilated.” … Like Ted Cruz! /barf

Ouch.

(I was just referring to the suggestion that Trump would pardon him, not anything else, and I’m sorry if my post was taken otherwise, as an insult to Mexican Americans.)

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<div class="post-metadata">

**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [September 18, 2018, 2:45pm UTC](https://boards.straightdope.com/t/border-agent-arrested-for-serial-murder-trump-pardons-him-in-what-90-days-less/821458/38 "2018-09-18T14:45:27Z")

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> [@kaylasdad99](#):
>
> Cite?

_Bond v. United States_, 134 S.Ct. 2077, 189 L.Ed.2d 1 (2014).

Decision below: _United States v. Bond_, 681 F.3d 149 (3rd Cir 2012).

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<div class="post-metadata">

**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [September 18, 2018, 2:46pm UTC](https://boards.straightdope.com/t/border-agent-arrested-for-serial-murder-trump-pardons-him-in-what-90-days-less/821458/39 "2018-09-18T14:46:30Z")

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> [@CaptMurdock](#):
>
> Did the SC overturn the entire murder conviction, or just the federal part?
> 
> (BTW, thank you for the info on federal murder charges. Most illuminating.)

Neither. Ms. Haynes did not die. 🙂

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<div class="post-metadata">

**Author:** ![Bookkeeper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bookkeeper/32/281_2.png) [@Bookkeeper](https://boards.straightdope.com/u/Bookkeeper)\
**Post date:** [September 18, 2018, 6:22pm UTC](https://boards.straightdope.com/t/border-agent-arrested-for-serial-murder-trump-pardons-him-in-what-90-days-less/821458/40 "2018-09-18T18:22:53Z")

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I doubt that Trump will pardon him. He has likely gotten bored playing with his newly learned pardon power and has thrown it back into the toy box.

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