Wrongly Convicted Database Record
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Charge: |
Firearm related (including ammunition) |
Sentence: |
Exonerated After Conviction But Prior to Sentencing |
Years Imprisoned: |
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Year Crime: |
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Year Convicted: |
2007 |
Year Cleared: |
2009 |
U.S. State or Country of Crime: |
Washington - Federal Case |
County or Region of Crime: |
King |
City of Crime: |
Bellevue |
Result: |
Judicially Exonerated |
Summary of Case: |
"Albert Kwok-Leung Kwan was wrongly convicted by a jury in June 2007 of possession of an unregistered short-barreled rifle. Albert Kwok-Leung Kwan's attorneys filed a post-verdict motion for a new trial based on improper instruction of the jury. U.S. District Judge Thomas Zilly granted Kwan a new trial, and the federal prosecutors appealed to the 9th Circuit Court of Appeal. On November 7, 2008 the Ninth Circuit Court of Appeals affirmed Zilly's decision, and a rehearing was denied. In June 2009 the government's motion to dismiss the indictment was granted. Kwan had been investigated by the FBI during its investigation of the murder of Assistant U.S. Attorney Thomas Wales in Seattle, Washington. The FBI's investigation cleared Kwan of Wales' murder." |
Conviction Caused By: |
Trial judge didn't provide a jury instruction that absolved Kwan of having criminal intent. |
Innocence Proved By: |
In June 2009 the government's motion to dismiss the indictment was granted. |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
Asian |
Information Source 1: |
"United States v. Kwan, No. CR-06-0305-TSZ (9th Cir 11-7-2008)" |
Information Location 1: |
http://az.findacase.com/research/wfrmDocViewer.aspx/xq/fac.%5CC09%5C2008%5C20081107_0004763.C09.htm/qx |
Information Source 2: |
"Feds drop charge against Bellevue gun dealer, By Mike Carter, The Seattle Times, July 7, 2009" |
Information Location 2: |
http://seattletimes.nwsource.com/html/localnews/2009425914_kwangun07m.html |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org