ADVERTISEMENT

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.

© 2014 Star Tribune