Kimberly Denise Harris

Go to Database Search Page

Go to Database Index Page

Charge:	Felon in possession of a firearm or ammunition
Sentence:	8 yrs and 4 months
Years Imprisoned:	3.42
Year Crime:	2008
Year Convicted:	2009
Year Cleared:	2012
U.S. State or Country of Crime:	North Carolina - Federal Case
County or Region of Crime:	Wake
City of Crime:	Raleigh
Result:	Judicially Exonerated Released
Summary of Case:	"Kimberly Denise Harris was wrongly convicted in federal court in Raleigh, North Carolina on July 5, 2009 of being a felon in possession of a firearm. During a traffic stop in Raleigh on January 31, 2008 police officers found two pistols in the car she was driving. Harris pled guilty and on October 6, 2009 based on her understanding a prior state conviction qualified as a felony conviction, she was sentenced to 100 months in prison (8 yrs 4 months) to be followed by 3 years of supervised release, and she was fined $4,752. In 2011 the federal 4th Circuit Court of Appeals issued its ruling in United States v. Simmons, 649 F.3d 237 (4th Cir. 2011) that clarified the applicability of a state conviction to federal charges. Since under Simmons Harris's state conviction didn't qualify as a felony, she filed a post-conviction motion for a new trial. The U.S. Attorney's Office didn't oppose Harris' post-conviction motion alleging she was not guilty of her convicted crime, which was granted on August 15, 2012. Harris was released two days later on August 17. Harris was arrested in early March 2009 and she was incarcerated for more than 3 years and 5 months up to her release on August 17, 2012."
Conviction Caused By:	Harris erroneously pled guilty to a crime she didn't commit.
Innocence Proved By:	"The U.S. Attorney's Office didn't oppose Harris' post-conviction motion alleging she was not guilty of her convicted crime, which was granted on August 15, 2012."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:	29
Age When Released:	32
Sex:	Female
Skin/Ethnicity:	Black
Information Source 1:	"Kimberly Denise Harris v. USA, No. 5-08-CR-155-F (USDC EDNC W. Div., 8-15-2012)"
Information Location 1:	https://www.documentcloud.org/documents/432797-c-users-bheath-dropbox-innocent-felons-harris.html
Information Source 2:	"Woman fights to start over after conviction overturned, by Brad Heath, USA Today, September 25, 2012"
Information Location 2:	http://usatoday30.usatoday.com/news/nation/story/2012/09/25/woman-fights-to-start-over-after-conviction-overturned/57842644/1
Information Source 3:	"RALEIGH WOMAN/FELON RECEIVES FEDERAL PRISON TERM, Press Release, The U.S. Attorney's Office, Eastern District of North Carolina, October 6, 2009"
Information Location 3:	http://www.justice.gov/usao/nce/press/2009/2009-oct-06_03.html
Information Source 4:	US District Court Eastern District of NC Western Div. No. 5-08-CR-155-1F; USA Plaintiff v. Kimberly Denise Harris Defendant. Sentencing Memorandum In Support Of Motion For Variance And A Downward Departure.
Information Location 4:	https://s3.amazonaws.com/s3.documentcloud.org/documents/425682/harris-sentencing-memo.txt
Information Source 5:
Information Location 5:
Book About Case:
Book Information:
Book About Case (2):
Book Information (2):
Movie About Case:
Comments About Case:

Go to Database Search Page

Go to Database Index Page

Kimberly Denise Harris

Charge:

Felon in possession of a firearm or ammunition

Sentence:

8 yrs and 4 months

Years Imprisoned:

3.42

Year Crime:

2008

Year Convicted:

2009

Year Cleared:

2012

U.S. State or Country of Crime:

North Carolina - Federal Case

County or Region of Crime:

Wake

City of Crime:

Raleigh

Result:

Judicially Exonerated Released

Summary of Case:

Conviction Caused By:

Harris erroneously pled guilty to a crime she didn't commit.

Innocence Proved By:

"The U.S. Attorney's Office didn't oppose Harris' post-conviction motion alleging she was not guilty of her convicted crime, which was granted on August 15, 2012."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

29

Age When Released:

32

Sex:

Female

Skin/Ethnicity:

Black

Information Source 1:

"Kimberly Denise Harris v. USA, No. 5-08-CR-155-F (USDC EDNC W. Div., 8-15-2012)"

Information Location 1:

https://www.documentcloud.org/documents/432797-c-users-bheath-dropbox-innocent-felons-harris.html

Information Source 2:

"Woman fights to start over after conviction overturned, by Brad Heath, USA Today, September 25, 2012"

Information Location 2:

http://usatoday30.usatoday.com/news/nation/story/2012/09/25/woman-fights-to-start-over-after-conviction-overturned/57842644/1

Information Source 3:

"RALEIGH WOMAN/FELON RECEIVES FEDERAL PRISON TERM, Press Release, The U.S. Attorney's Office, Eastern District of North Carolina, October 6, 2009"

Information Location 3:

http://www.justice.gov/usao/nce/press/2009/2009-oct-06_03.html

Information Source 4:

US District Court Eastern District of NC Western Div. No. 5-08-CR-155-1F; USA Plaintiff v. Kimberly Denise Harris Defendant. Sentencing Memorandum In Support Of Motion For Variance And A Downward Departure.

Information Location 4:

https://s3.amazonaws.com/s3.documentcloud.org/documents/425682/harris-sentencing-memo.txt

Information Source 5:

Information Location 5:

Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case: