Former Marine's AK-47 conviction tossed
- Associated Press
- January 7, 2014 - 8:55 AM
RIVERSIDE, Calif. — A former Marine from Southern California has been released from prison after an appellate court overturned his conviction for possessing a chrome-plated AK-47 that may have belonged to a member of Saddam Hussein's royal guard.
The Riverside Press-Enterprise reports (http://bit.ly/1faHVtB ) the 9th Circuit Court of Appeals ruled last month that Joel Cleve Miller should have been allowed to present testimony from two witnesses, including his ex-wife, to back his claim that he was framed.
The U.S. Attorney's Office hasn't said whether it will seek a retrial.
The 42-year-old Miller served nine months of his two-year sentence for the 2010 conviction.
Prosecutors said the AK-47 came from one of Hussein's palaces. The Hemet resident served in Iraq for 14 months.
Miller's attorney didn't return requests for comment on Monday.
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