Wrongly Convicted Database Record
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Charge: |
Drug Related (Possession or sale) |
Sentence: |
20 years |
Years Imprisoned: |
9.33 |
Year Crime: |
2008 |
Year Convicted: |
2015 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
New York - Federal Case |
County or Region of Crime: |
Cattaraugus |
City of Crime: |
Cattaraugus |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Joseph Tigano III was wrongly convicted on May 8, 2015 in federal court of manufacturing and distributing marijuana in Cattaraugus County, New York. Tigano was charged in the U.S. District Court, Western District of New York (Buffalo) and arrested on July 8, 2008. Tigano was arraigned on October 20, 2008 and pled not guilty. He was held in custody until his trial. After his conviction, on July 8, 2015 U.S. District Judge Elizabeth Wolford denied Tigano's Motion for a New trial. On September 21, 2015 Judge Wolford enhanced Tigano sentence to the mandatory minimum of 20 years in federal prison because he had been convicted in 1996 for growing marijuana, Judge Wolford said during the sentencing hearing the sentence was excessive, but her hands were tied. Tigano was also sentenced to serve a total of ten years of supervised release after he completed his prison sentence. Tigano appeal argued among other things, that his seven years of pretrial custody violated his constitutional right to a speedy trial. On November 15, 2017 a three-judge panel of the U.S. Second Circuit Court of Appeals unanimously reversed Tigano's conviction, and ordered the dismissal of his indictment and his immediate release from prison. The Court's Mandate stated: "Upon due consideration, it is hereby ORDERED, ADJUDGED AND DECREED that the judgment of conviction is REVERSED and the indictment is DISMISSED WITH PREJUDICE. The matter is remanded to the district court for the limited purpose of releasing the defendant. An opinion shall follow in due course." [USA v. Joseph Tigano III, No. 15-3073-cr (2nd Cir., 11-15-2017)] Four hours later Judge Wolford dismissed Tigano's indictment and ordered his release from federal Bureau of Prison custody. Tigano was released about 11:30 p.m. that night after spending more than nine years in custody -- seven of those years awaiting trial. Tigano's father, Joseph Tigano Sr., had also been charged, but he had been released on bail. Tigano Sr.'s plea agreement was filed on November 25, 2013 and his guilty plea was accepted that day by U. S. District Court Judge William M. Skretny. On June 24, 2015 Judge Wolford sentenced Tigano Sr. to a custodial sentence of time served, three years of supervised release, and waived any fine. " |
Conviction Caused By: |
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Innocence Proved By: |
"On November 15, 2017 a three-judge panel of the U.S. Second Circuit Court of Appeals unanimously reversed Tigano's conviction, and ordered the dismissal of his indictment and his immediate release from prison. The Court reserved the issuance of its written opinion at a later date." |
Defendant Aided By: |
New York City attorney Andrew Gladstein. |
Compensation Awarded: |
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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: |
White |
Information Source 1: |
"Pot farmer freed from prison more than a decade earlier than expected, By Phil Fairbanks, The Buffalo News, November 16, 2017" |
Information Location 1: |
http://buffalonews.com/2017/11/16/cattaraugus-county-pot-farmer-freed-from-prison-a-decade-early/ |
Information Source 2: |
"USA v. Joseph Tigano III, No. 15-3073-cr (2nd Cir., 11-15-2017) (Mandate reversing Tigano's conviction, and ordering dismissal of his indictment and his release from federal custody.) (" |
Information Location 2: |
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Information Source 3: |
"USA v. Joseph Tigano III, No. 1:08-CR-281 EAW-HBS (USDC Western Dist NY, 11-15-2017) (Order that Tigano "is directed to be released immediately from the custody of the Bureau of Prisons.")" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org