Wrongly Convicted Database Record
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Charge: |
Failure to report or register as a sex offender |
Sentence: |
18 months imprisonment and 15 years supervised release |
Years Imprisoned: |
1.53 |
Year Crime: |
2007 |
Year Convicted: |
2009 |
Year Cleared: |
2014 |
U.S. State or Country of Crime: |
Arkansas - Federal Case |
County or Region of Crime: |
Garland |
City of Crime: |
Hot Springs |
Result: |
Judicially Exonerated |
Summary of Case: |
"Kevin Lamont Brewer was wrongly convicted in September 2009 of violating the Sex Offender and Registration Notification Act (SORNA) of 2006. In 1997 Brewer was convicted of a sex offense in Hawaii. At the time of SORNAs enactment, Brewer was living in South Africa. In December 2007, he moved back to the United States and settled in Arkansas, but he did not register as a sex offender. He was arrested in March 2009 and pled guilty in September 2009 in U. S. District Court in Hot Springs, Arkansas. Brewer was sentenced to 18 months in federal prison to be followed by 15 years of supervised release. His conviction was affirmed on direct appeal. After Brewer was released from prison he filed a federal habeas petition (28 U.S.C. § 2255) asserting his conviction should be vacated because for technical reasons SORNA did not apply to him at the time he moved to Arkansas in December 2007. On September 10, 2014 the 3rd Circuit Court of Appeals vacated Brewer's conviction on the basis that his charged conduct did violate SORNA." |
Conviction Caused By: |
Erroneous interpretation of when SORNA applied to Brewer. |
Innocence Proved By: |
"On September 10, 2014 the 3rd Circuit Court of Appeals vacated Brewer's conviction on the basis that he didn't violate the Sex Offender and Registration Notification Act (SORNA) of 1996." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
36 |
Age When Released: |
38 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"United States of America v. Kevin Lamont Brewer, No. 13-1261 (8th Cir., 9-10-14) (Vacating conviction and remanding for dismissal of charges)" |
Information Location 1: |
http://media.ca8.uscourts.gov/opndir/14/09/131261P.pdf |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org