Wrongly Convicted Database Record

 

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Ahmed Altayeb

 

Charge:

Firearm possession (including sale)

Sentence:

Exonerated After Conviction But Prior to Sentencing

Years Imprisoned:

Year Crime:

2013

Year Convicted:

2014

Year Cleared:

2014

U.S. State or Country of Crime:

Illinois

County or Region of Crime:

Sangamon

City of Crime:

Springfield

Result:

Judicially Exonerated

Summary of Case:

"Ahmed Altayeb was wrongly convicted in February 2014 of aggravated use of a weapon under Illinois' AUUW firearm statute. Altayeb's charges were based on him firing a pistol on September 2, 2013 at a man who was fleeing after stealing two bottles of liquor from the Handy Pantry market in Springfield, Illinois where Altayeb was a clerk. Altayeb was convicted after a bench trial in which both the defense and the prosecution stipulated to the relevant facts. Altayeb, a citizen of Yemen, was taken into federal custody pending deportation proceedings. In May 2014 Altayeb's lawyer filed a post-verdict motion to vacate his conviction on the basis his use of a firearm did not constitute a crime under the Illinosi Supreme Court's September 12, 2013 ruling in People v. Aguilar, 2 NE 3d 321, 2013 IL 112116, 377 Ill. Dec. 405 (Ill. Supreme Court, 9-12-2013 ) that Illinois' aggravated unlawful use of weapons (AUUW) statute (720 ILCS 5/24-1.6(a)(1), (a)(3)(A), (d) (West 2008)) violates the right to keep and bear arms, as guaranteed by the second amendment to the United States Constitution (U.S. Const., amend. II). In August 2014 Ahmed Altayeb convictions were vacated by his trial judge who granted his post-verdict motion on the basis his convictions were unconstitutional under Aguilar. At the time of the ruling Altayeb was still in federal custody, but his lawyer told reporters he would use his vacated convictions as a basis to fight deportation."

Conviction Caused By:

Innocence Proved By:

In August 2014 Ahmed Altayeb convictions were vacated by his trial judge who granted a post-trial motion based on a September 2014 Illinois Supreme Court ruling that the AUUW statute he was convicted of violating was unconstitutional.

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Other

Information Source 1:

"Springfield store clerk’s weapons conviction vacated, By Chris Dettro (Staff Writer), The State Journal-Register (Springfield, IL), August 19, 2014"

Information Location 1:

http://www.sj-r.com/article/20140819/News/140819411

Information Source 2:

"People v. Aguilar, 2 NE 3d 321, 2013 IL 112116, 377 Ill. Dec. 405 (Ill. Supreme Court, 9-12-2013 )"

Information Location 2:

"http://scholar.google.com/scholar_case?case=9728444217236173130&q=People+v.+Aguilar+,+2013+IL+112116&hl=en&as_sdt=6,48"

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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