|
Wrongly Convicted Database Record
|
Charge: |
"Cigarettes sold, manufactured, or imported illegally" |
Sentence: |
"3 yrs probation and $6,051.61 restitution" |
Years Imprisoned: |
|
Year Crime: |
2012 |
Year Convicted: |
2012 |
Year Cleared: |
2014 |
U.S. State or Country of Crime: |
Nebraska - Federal Case |
County or Region of Crime: |
Lancaster |
City of Crime: |
Lincoln |
Result: |
Judicially Exonerated |
Summary of Case: |
"Tang Nguyen was a Vietnamese immigrant wrongly convicted on November 7, 2012 in U.S. District Court in Lincoln, Nebraska of knowingly receiving at her home "contraband" Vietnamese cigarettes mailed in 2011 and 2012 to her home in Lancaster, Nebraska from Vietnam. The cigarettes were considered "contraband" because they had not been taxed by either the U.S. government or the State of Nebraska. Tang was one of six Vietnamese immigrants indicted on May 22, 2012 of a variety of federal charges related to the untaxed Vietnamese cigarettes that were intended for Vietnamese immigrants living in the Lincoln area. The indictment alleged that the U.S. governement had been defrauded of $129.73 in federal cigarette taxes (the Nebraska Dept. of Revenue alleged it lost $5,921.88 in cigarette taxes). The prosecution's key witness against Tang was her sister Kim Nguyen who in exchange for a lesser sentence agreed to plead guilty to reduced charges and cooperate. The prosecution didn't present any evidence that Tang knew the cigarettes mailed to her home needed to be taxed by the state and federal governments. The jury acquitted Tang of conspiracy and mail fraud charges, while convicting her of "knowingly" receiving the "contraband" cigarettes at her home. Tang was sentenced on February 21, 2013 to 1 day for processing by the United States Marshal; 3 years supervised release with special conditions; $100 Special Assessment; Restitution of $6,051.61 to be paid jointly and severally with her codefendants who pled guilty: Teo Van Phan, Hoa Van Huynh, and Kim Nguyen. Tang's sentence was stayed while she appealed. On July 15, 2014 the Eighth U.S. Circuit Court of Appeals vacated Tang's conviction and ordered dismissal of her indictment on the basis the prosecution introduced insufficient evidence to prove she had knowledge she was committing a crime by having packages from her home country mailed to her new home in Lincoln, Nebraska that were unopened when picked up by her sister. Three of Tang's five codefendants pled guilty to lesser charges and two were acquitted of all charges by the jury that convicted Tang." |
Conviction Caused By: |
|
Innocence Proved By: |
"On July 15, 2014 the Eighth U.S. Circuit Court of Appeals vacated Tang's conviction and ordered dismissal of her indictment on the basis the prosecution introduced insufficient evidence to prove she had knowledge she was committing a crime by having the cigarettes from her home country mailed to her new home in Lincoln, Nebraska." |
Defendant Aided By: |
|
Compensation Awarded: |
|
Was Perpetrator Identified? |
|
Age When Imprisoned: |
|
Age When Released: |
|
Sex: |
Female |
Skin/Ethnicity: |
Asian |
Information Source 1: |
"United States v. Tang, No. 13-1455 (8th Cir. 7-15-2014) - vacating conviction on insufficient evidence" |
Information Location 1: |
http://media.ca8.uscourts.gov/opndir/14/07/131455P.pdf |
Information Source 2: |
"Contraband cigarette conviction reversed, By Margery A. Beck (AP writer), Lincoln Journal Star (Lincoln, Neb.), June 15, 2014" |
Information Location 2: |
http://journalstar.com/news/local/911/contraband-cigarette-conviction-reversed/article_7733396d-d282-5dfe-8ec1-aced28cc6192.html |
Information Source 3: |
"Jury: 2 not guilty of cigarette smuggling conspiracy, By Lori Pilger (Staff writer), Lincoln Journal Star (Lincoln, Neb.), Nov. 7, 2012" |
Information Location 3: |
http://journalstar.com/news/local/crime-and-courts/jury-not-guilty-of-cigarette-smuggling-conspiracy/article_9595600c-e98f-5bf6-83f7-3c7774d4595d.html |
Information Source 4: |
"6 indicted for alleged part in cigarette smuggling ring, By Lori Pilger (Staff writer), Lincoln Journal Star (Lincoln, Neb.), June 15, 2012" |
Information Location 4: |
http://journalstar.com/news/local/crime-and-courts/indicted-for-alleged-part-in-cigarette-smuggling-ring/article_d97f816c-cce1-57b0-8a66-3739e3991a2d.html |
Information Source 5: |
|
Information Location 5: |
|
Book About Case: |
|
Book Information: |
|
Book About Case (2): |
|
Book Information (2): |
|
Movie About Case: |
|
Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org