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MICHAEL BAILEY

United States Attorney

District of Arizona

CARIN C. DURYEE

Assistant U.S. Attorney

United States Courthouse

405 W. Congress Street, Suite 4800

Tucson, Arizona 85701

Telephone: 520-620-7300

Email: carin.duryee@usdoj.gov

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

United States of America,

Plaintiff,

v.

DANA LOUIS MATTINGLY,

Defendant.

CR 16-0102-TUC-JAS

GOVERNMENT=S

SENTENCING MEMORANDUM

Now comes the United States, by and through its undersigned attorneys, and submits 

the following sentencing memorandum for the sentencing scheduled on June 17, 2019:

I. GOVERNMENT’S CONCURRENCE WITH PSR GUIDELINE

CALCULATIONS

The government agrees with the calculations as stated in the PSR, dated May 20, 

2019. 

II. FACTS

This defendant committed a brutal and pre-meditated murder of another inmate at 

the U.S. Penitentiary in Tucson, Arizona, on March 8, 2013. On that date, the defendant 

arrived at the cell of Marcus Harrison, tied him face-down to the bedframe by the wrists 

and ankles using shoelaces, tied socks around his mouth, a white towel around his neck, 

and stabbed and choked the man to death. He left Harrison bleeding from the neck and left 

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side of his ribs, and left the cell to wash his clothing and dispose of the 6-inch metal shank 

he had used to stab Harrison. An autopsy report listed the cause of death as sharp force 

and asphyxial injuries, noting 31 stab wounds to Harrison’s neck. In addition, the autopsy 

revealed that two cylindrical deodorant bottles had been inserted into the victim’s anal 

cavity.

Later that day, Mattingly stated about Harrison, “I killed him. I am a nice guy but 

I am a sick motherfucker.” Mattingly said during an interview that he had been planning 

to kill Harrison for some time, though he never revealed his motive. He described tying 

the victim to his bedframe with shoelaces and then stabbing him in the neck and side upper 

torso until he realized Harrison was dead. He also admitted the murder in two letters he 

write, one to his brother, stating “On March the 8th I killed a man. I viciously stabbed him 

and choked him to death,” and one to a friend, admitting the same thing. 

The murder clearly required planning, as Mattingly had to bring the shoelaces, 

shank, and other items he used in the murder to Harrison’s cell, and also had to find 

appropriate timing when he could be alone with Harrison. The number of stab wounds 

also leaves no doubt that this was a premeditated and malicious killing. Interestingly, 

another inmate in the same pod revealed that shortly before the murder of Harrison, 

Mattingly had offered him money if he would allow Mattingly to tie him up and have sex 

with him. This suggests that the defendant was looking to kill somebody in the time leading 

up to the crime, and leaves only the motive as a mystery. 

The mandatory sentence in this case is life imprisonment, and based on the facts of 

the case, and defendant’s lengthy criminal history, the government submits that a life 

sentence is entirely appropriate.

/ / /

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III. CONCLUSION

For the reasons addressed herein and in the PSR, the government asks the Court to 

impose a sentence of life imprisonment.

Respectfully submitted this 5th day of June, 2019.

MICHAEL BAILEY

United States Attorney

District of Arizona

s/Carin C. Duryee

CARIN C. DURYEE

Assistant U.S. Attorney

A copy of the foregoing served by electronic 

or other means this 5th day of June, 2019, to:

All ECF participants

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