Wrongly Convicted Database Record

 

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Marcus Andrew Burrage

 

Charge:

Homicide by heroin distribution resulting in death

Sentence:

20 years

Years Imprisoned:

3

Year Crime:

2010

Year Convicted:

2011

Year Cleared:

2014

U.S. State or Country of Crime:

Iowa - Federal Case

County or Region of Crime:

Story

City of Crime:

Nevada

Result:

Judicially Exonerated (Not released due to other charges.)

Summary of Case:

"Marcus Andrew Burrage was wrongly convicted in 2011 of distributing heroin in violation of §841(a)(1) and and that "death . . . resulted from the use of th[at] substance." The prosecution's case was based on the fact that a man who had used the heroin he obtained from Burrage, and who had taken other drugs, died. After Burrage's conviction he was sentenced to the mandatory minimum of 20 years in prison. Burrage filed a motion for a new trial based on the judge's jury instruction that he could be convicted "if death or serious bodily injury results from the use of such substance." The judge denied the motion and Burrage appealed. The Eighth U.S. Court of Appeals affirmed the trial judge's ruling in August 2012 and the U.S. Supreme Court agreed to review the case. On January 27, 2014 the U.S. Supreme Court overturned Burrage's conviction on the basis the prosecution didn't introduce sufficient evidence, and in fact conceeded, that it didn't have evidence the victim's death resulted from the heroin he obtained from Burrage. Burrage remained in prison for his conviction of another count. His scheduled release date from federal custody is January 6, 2021."

Conviction Caused By:

Innocence Proved By:

"On January 27, 2014 the U.S. Supreme Court overturned Burrage's conviction on the basis the prosecution didn't introduce sufficient evidence, and in fact conceeded, that it didn't have evidence the victim's death resulted from the heroin he obtained from Burrage."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

23

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Marcus Burrage v. USA, No. 12-7515 (USSC 2014)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=14765886306917997340&q=Marcus+Burrage&hl=en&as_sdt=6,48"

Information Source 2:

"USA v. Marcus Andrew Burrage, 687 F. 3d 1015 (8th Cir. 2012)"

Information Location 2:

http://media.ca8.uscourts.gov/opndir/12/08/113602P.pdf

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

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