Author Topic: Americans wrongly imprisoned on 'gun charges' to be released - AMEN  (Read 471 times)

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Offline yellowtail3

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Good to see the ACLU involved, even if it makes the heads of some ideologues explode in confusion.


I think this is good:



http://www.wral.com/news/state/story/11443275/


RALEIGH, N.C. —
A federal judge has overturned the conviction of a North Carolina man sent to prison after he was wrongly charged as a felon for possessing firearms, the first of what could be thousands of inmates with similar convictions set aside.Federal law makes it a crime for anyone with a felony record to have a gun. But because of an erroneous interpretation of North Carolina sentencing laws in place since 1994, federal prosecutors charged people with firearms possession even when their past offenses weren't serious enough to qualify them as felons under federal law.
Senior U.S. District Judge James Fox on Thursday overturned the 2009 firearms conviction Terrell McCullum of Elizabethtown, N.C., declaring him innocent.
McCullum, 26, had already been released from prison in July after serving his full sentence, but he was still on probation.
Federal gun cases from North Carolina came under scrutiny after a U.S. Appeals Court ruled last year that prosecutors had been misapplying the law when it came to defining who is a felon. Even while conceding the affected inmates were "legally innocent" of the crimes for which they were convicted, federal prosecutors still argued in court for keeping McCullum and those like him behind bars.
That changed Monday, when the government dropped its opposition to releasing those improperly convicted of firearms possession when it was not illegal for them to have guns.
"After careful consideration, the Department of Justice has decided to take a litigating position designed to accelerate relief for defendants in these cases who, by virtue of a subsequent court decision, are no longer guilty of a federal crime," said Justice Department spokeswoman Adora Andy. "We are working with the court, the probation office and the federal public defenders to ensure that these matters are addressed as effectively and quickly as possible."
Andy said prosecutors haven't yet determined exactly how many people currently in prison could eventually be released. Reviews by federal public defenders in North Carolina and the USA Today newspaper identified more than 60 inmates whose circumstances are similar to McCullum, several of whom already have appeals pending.
A preliminary review conducted by the American Civil Liberties Union of North Carolina found more than 3,000 federal prisoners that are potentially innocent or entitled to reduced sentences.
"This is an encouraging first step, but much more has to be done to obtain justice for those who were wrongly incarcerated," said Chris Brook, Legal Director of the ACLU of North Carolina Legal Foundation. "We continue to urge the Justice Department to take a proactive stance toward identifying and assisting all those who may be unjustly languishing in prison."
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Jesus said we should treat other as we'd want to be treated... and he didn't qualify that by their party affiliation, race, or even if they're of diff religion.

Offline blind ear

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Re: Americans wrongly imprisoned on 'gun charges' to be released - AMEN
« Reply #1 on: August 18, 2012, 01:24:33 PM »
All those that made the bad decision that had the persons imprisoned should have to pay dammages and restitution for the locked up persons time and injury. ear
Oath Keepers: start local
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“It is no coincidence that the century of total war coincided with the century of central banking.” – Ron Paul, End the Fed
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An economic crash like the one of the 1920s is the only thing that will get the US off of the road to Socialism that we are on and give our children a chance at a future with freedom and possibility of economic success.
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everyone hears but very few see. (I can't see either, I'm not on the corporate board making rules that sound exactly the opposite of what they mean, plus loopholes) ear
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Offline nw_hunter

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Re: Americans wrongly imprisoned on 'gun charges' to be released - AMEN
« Reply #2 on: August 18, 2012, 05:30:20 PM »
Things have deteriorated to the point in America, even the ACLU looks a little slanted to the right ;)
 
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Offline BBF

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Re: Americans wrongly imprisoned on 'gun charges' to be released - AMEN
« Reply #3 on: August 19, 2012, 07:23:27 AM »
Typically DOJ. They admit,/acknowledge the people were wrongly sentenced but they still wanted them to remain in jail, then there  is Holder.......................gaaah!!
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Offline yellowtail3

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Re: Americans wrongly imprisoned on 'gun charges' to be released - AMEN
« Reply #4 on: August 19, 2012, 08:27:21 AM »
Typically DOJ. They admit,/acknowledge the people were wrongly sentenced but they still wanted them to remain in jail, then there  is Holder.......................gaaah!!
Tempting though it might be to bash Holder, he ain't the problem here - this is plain ol' pile it on and never admit we're wrong, typical LE/Prosecutor behavior.

Here in Raleigh we've got a crooked prosecutor - he tells police, "Charge 'em with six things, they'll plead to two..." in order to keep his conviction stats up and get the next election in the bag....
Jesus said we should treat other as we'd want to be treated... and he didn't qualify that by their party affiliation, race, or even if they're of diff religion.

Offline BBF

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Re: Americans wrongly imprisoned on 'gun charges' to be released - AMEN
« Reply #5 on: August 20, 2012, 05:56:10 AM »
YT3:
 Of course it isn't Holder on top. He takes his marching orders from the Prez and he from his behind the scene handlers.
What is the point of Life if you can't have fun.