Wrongly Convicted Database Record
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Charge: |
Forgery |
Sentence: |
10 years |
Years Imprisoned: |
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Year Crime: |
2006 |
Year Convicted: |
2012 |
Year Cleared: |
2014 |
U.S. State or Country of Crime: |
Colorado - Federal Case |
County or Region of Crime: |
Denver |
City of Crime: |
Denver |
Result: |
Judicially Exonerated |
Summary of Case: |
"Crosby L. Powell was wrongly convicted on August 2, 2012 in federal court in Colorado of numerous counts related to making, uttering, or possessing a forged security after he altered payee information or forged endorsements and then deposited checks stolen from the United States mail into his bank accounts at various banks in 2006. That crime requires the government to prove that the security (including checks) belonged to an organization (such as a bank). On September 22, 2014 the Tenth U.S. Circuit Court of Appeals vacated Crosby Powell's forgery convictions because proof that the checks were deposited into a federally insured bank was not proof that the checks were "of" the depository banks. The Court stated: "As to Counts 6, 8,[8] 15, 17, 22, 24, 26, and 28, there is absolutely no evidence in the record that any of the forged checks' payors, payees, or drawee banks are organizations operating in interstate commerce. Thus, there is no evidence in the record to support § 513(a)'s of-an-organization element as to any of these counts."" |
Conviction Caused By: |
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Innocence Proved By: |
"On September 22, 2014 the Tenth U.S. Circuit Court of Appeals vacated Powell's forgery convictions because proof that the checks were deposited into a federally insured bank was not proof that the checks were "of" the depository banks." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
74 |
Age When Released: |
76 |
Sex: |
Male |
Skin/Ethnicity: |
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Information Source 1: |
"US v. Crosby Powell, No. 12-1500 (10th Cir., 9-22-2014) (Vacating convictions on the basis of insufficient evidence.)" |
Information Location 1: |
"http://scholar.google.com/scholar_case?case=1111163248500841849&q=powell+crosby&hl=en&as_sdt=4,74,81,91,98,101,106,120,137,144,154,161,164,295,296,297,358,359,360,384" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org