Convicted Charleston church shooter Dylann Roof has asked for a new federal trial, just a month after he was sentenced to death.
Roof's attorneys David Bruck, Kimberly Stevens and Emily Paavola filed the motion Friday in U.S. District Court in Charleston in an attempt to have Roof's death sentence thrown out and replaced with a sentence of life in prison without the possibility of release, according to the Post and Courier.
In the nine-page motion, Roof's lawyers questioned whether the federal religious obstruction charge should have been put before a jury in this case because the crime was plotted and carried out all within the state of South Carolina.
Roof's attorneys argued that the government failed to prove that his use of the internet, highways and a gun that was manufactured out of state were sufficient links to merit those charges.
“There is no evidence that any of the defendant’s actions - even considering his internet use and travel to Charleston - involved more than the incidental and everyday use of instrumentalities and channels of interstate commerce that are inherent in American life in the 21st century," Roof's lawyers noted in the motion, which was obtained by The State.
This argument is similar to the ones Roof's attorney's made during his previous trial.
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The 22-year-old was sentenced to the death penalty earlier this year for killing nine black church parishioners at Charleston's Emanuel WME Church in June 2015.
Roof had attorney's for his trial and then fired them during the sentencing phase. He is being held in the Charleston County Jail while he awaits another death penalty trial in state court.
The Associated Press contributed to this report.