Wrongly Convicted Database Record
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Charge: |
Exporting firearms or other defense devices without a licence |
Sentence: |
4 yeas |
Years Imprisoned: |
1 |
Year Crime: |
2007 |
Year Convicted: |
2008 |
Year Cleared: |
2009 |
U.S. State or Country of Crime: |
Wisconsin - Federal Case |
County or Region of Crime: |
Monroe |
City of Crime: |
Cashton |
Result: |
Judicially Exonerated |
Summary of Case: |
"Doli Syarief Pulungan was wrongly convicted in 2008 of attempting to export 100 Leupold riflescopes to Indonesia without an export license. Doli Pulungan had run a successful import-export business so he was familiar with export requirements. Only riflescopes manufactured to military specifications and published in the United States Munitions List are subject to export controls, but the Leupold scopes were not on the list. Nevertheless, the trial judge gave a prosecution requested jury instruction that as a matter of law the riflescopes are "manufactured to military specifications." The judge's instruction negated Pulungan's defense that he couldn't have acted "willfully" because he didn't know the scopes were a "defense article." Doli S. Pulungan was sentenced to four years in prison. Pulungan appealed, and on June 15, 2009 the federal Seventh Circuit Court of Appeals reversed Pulungan's convictions on the basis of insufficient evidence. The 60-year-old Pulungan was released from federal prison on August 28, 2009." |
Conviction Caused By: |
"Judge gave an improper jury instruction that as a matter of law the riflescopes are "manufactured to military specifications."" |
Innocence Proved By: |
"On June 15, 2009 the federal Seventh Circuit Court of Appeals reversed Pulungan's convictions on the basis of insufficient evidence. He was released from federal prison on August 28, 2009." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
58 |
Age When Released: |
60 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"USA v. Doli Pulungan, No. 08-3000 (7th Cir., 06-15-2009) (published)" |
Information Location 1: |
http://www.ca7.uscourts.gov/tmp/P41FFSBF.pdf |
Information Source 2: |
"Federal court overturns rifle scope conviction, AP article, Taiwan News, June 16, 2009" |
Information Location 2: |
http://www.etaiwannews.com/etn/news_content.php?id=977776&lang=eng_news |
Information Source 3: |
"Man gets prison after trying to export rifle scopes, By Kevin Murphy (Special to the Tribune), La Crosse Tribune, July 29, 2009" |
Information Location 3: |
http://www.lacrossetribune.com/articles/2008/07/29/news/z01scopes0729.txt |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org