Wrongly Convicted Database Record

 

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Roxanne L. Granberry

 

Charge:

Drug related conspiracy

Sentence:

Exonerated After Conviction But Prior to Sentencing

Years Imprisoned:

Year Crime:

2015

Year Convicted:

2016

Year Cleared:

2017

U.S. State or Country of Crime:

Maryland - Federal Case

County or Region of Crime:

Charles

City of Crime:

Hughesville

Result:

Judicially Exonerated

Summary of Case:

"Roxanne L. Granberry was wrongly convicted on June 13, 2016 of federal conspiracy to distribute oxycodone and obtaining oxycodone by fraud charges in U.S. District Court in Alexandria, Virginia. A complaint was filed on December 8, 2015 that alleged Roxanne Granberry was involved in helping her husband, William Delonta Granberry, operate an oxycodone distribution scheme from 2008 to 2015 that was based on obtaining oxycodone pills from pharmacies through fraudulent prescriptions that William created. It was alleged that during the seven years the operation obtained approximately 130,000 oxycodone pills. Buyers would purchase the pills from William for their personal use or resale. Roxanne was employed full time while married to William, earning a six-figure income, and she had two children. Roxanne Granberry was arrested on December 8 and released a day later, on December 9, 2015 on a Personal Recognizance bond. Granberry, and four co-conspirators that included her husband William, were indicted on February 4, 2016 by a federal grand jury in the United States District Court Eastern District of Virginia. Roxanne's release of a PR bond was continued. Granberry's defense was she had no role in his illegal drug scheme and took steps to physically separate herself from her husband and any illegal activities he might be involved in, that included legally separating from him in August 2011. William Granberry, 37, pled guilty on February 10, 2016, and he was sentenced to 10 years in prison. William didn't testify during his wife's trial. After her conviction by a jury Granberry was allowed to remain free on bail pending her sentencing. On June 21, 2017 Granberry's trial lawyer filed a post-verdict Motion for Acquittal. Granberry's sentencing was stayed pending the determination of her motion. On August 26, 2016 Judge Trenga denied Granberry's Motion for Acquittal. The U.S. Attorney's Office filed a Motion for Forfeiture of Granberry's house in Hughesville, Maryland. Granberry retained new lawyers -- Pleasant Sanford Brodnax III and John L. McMahon -- who made their appearance on September 6 and September 7, 2016. Granberry's new lawyer filed a Motion For A New Trial under FRCP Rule 33 on October 24, 2016, that asserted that the evidence in her case "weighs heavily against the reliability, integrity and justness of the verdict rendered against the Defendant." Granberry's sentencing was continued pending resolution of her new trial motion. The government opposed Granberry's new trial motion. On February 24, 2017 U.S. District Court Judge Anthony J. Trenga granted Granberry's motion based on grounds other than new evidence. Judge Trenga's ruling stated: "Other than thoroughly impeached testimony, there was little to no other evidence concerning Defendant’s knowing and voluntary participation in the conspiracy or any intent to further the goals and objectives of the conspiracy ... In fact, there was unrefuted testimony that the Defendant repeatedly took steps to both stop her husband’s illegal activities and also to distance herself from those activities, including physically separating from him. Based on all ofthe evidence, the Court finds and concludes that ... Defendant's conviction weighs so heavily against the jury's verdict that there is a substantial possibility that the trial resulted in a miscarriage of justice and that a new trial is required in the interests of justice. .... it is hereby ORDERED that Defendant's Motion for a New Trial be, and the same hereby is, GRANTED; and it is further ORDERED that Defendant's conviction on June 13, 2016 be, and the same hereby is, VACATED...." (USA v. Granberry et al, No. 1-16-cr-00028-ajt-2 (USDC Eastern Dist. of Virginia, 2-24-2017)) The U.S. Attorney's Office did not appeal Judge Trenga's ruling, and filed a Motion To Dismiss Granberry's indictment, which was granted by Judge Trenga on May 18, 2017. On May 22, 2017 Judge Trenga ordered Granberry's release from her supervision. Granberry had only spent one day in custody after her arrest before her release on December 9, 2015 on a personal recognizance bond. The judge didn't act on the government's Motion for forfeiture of Granberry's property, but the granting of the motion for a new trial and dismissal of the charges made the motion moot. A total of 13 people pled guilty to charges related to their involvement in William Granberry's oxycodone operation. As of June 26, 2017 William D. Granberry was BOP inmate number 87706-083 at Allenwood Low FCI with a scheduled release date of Sept. 28, 2024."

Conviction Caused By:

Innocence Proved By:

"On February 24, 2017 U.S. District Court Judge Anthony J. Trenga granted Granberry's motion for a new trial. The U.S. Attorney's Office did not appeal Judge Trenga's ruling, and filed a Motion To Dismiss Granberry's indictment, which was granted by Judge Trenga on May 18, 2017. On May 22, 2017 Judge Trenga ordered Granberry's release from her supervision and the return of any bond she put up for her release."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Female

Skin/Ethnicity:

Information Source 1:

"Conviction overturned in case of woman accused in husband’s opioid scheme, By Rachel Weiner, The Washington Post, June 19, 2017"

Information Location 1:

https://www.washingtonpost.com/local/public-safety/conviction-overturned-in-case-of-woman-accused-in-husbands-opioid-scheme/2017/06/19/a7e38d16-4fa7-11e7-91eb-9611861a988f_story.html?utm_term=.97982f345166

Information Source 2:

"USA v. Granberry et al, No. 1:16-CR-00028-ajt-2 (USDC Eastern Dist. of Virginia, 2-24-2017) (Order granting Motion For a new trial.)"

Information Location 2:

https://ecf.vaed.uscourts.gov/doc1/18917838114

Information Source 3:

"USA v. Granberry et al, No. 1:16-CR-00028-ajt-2 (USDC Eastern Dist. of Virginia) - docket as of 6-25-17"

Information Location 3:

https://ecf.vaed.uscourts.gov/cgi-bin/DktRpt.pl?172901528244203-L_1_0-1

Information Source 4:

"Maryland Woman Found Guilty of Leading Oxycodone Operation, Press Release, U.S. Attorney's Office Eastern Dist. Of Virginia, June 13, 2016"

Information Location 4:

https://www.justice.gov/usao-edva/pr/maryland-woman-found-guilty-leading-oxycodone-operation

Information Source 5:

Information Location 5:

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

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