Wrongly Convicted Database Record
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Charge: |
Felon in possession of a firearm or ammunition |
Sentence: |
10 yrs |
Years Imprisoned: |
3.9 |
Year Crime: |
2012 |
Year Convicted: |
2014 |
Year Cleared: |
2016 |
U.S. State or Country of Crime: |
Nebraska - Federal Case |
County or Region of Crime: |
Lancaster |
City of Crime: |
Lincoln |
Result: |
Judicially Exonerated (Not released due to other charges.) |
Summary of Case: |
"John Ways Jr. was wrongly convicted on August 27, 2014 in federal court of being a felon in possession of ammunition in Lincoln, Nebraska. Ways' prosecution was based on the discovery of 5.56 mm ammunition during a search of a storage room where his wife and daughter lived -- but Ways did not live. Ways had been indicted on December 19, 2012, and his release on bond was denied. After his conviction by a jury, U. S. District Court Senior Judge Joseph F. Bataillon on March 30, 2015 sentenced Ways to 10 years in prison for his ammunition conviction. On August 11, 2016 the U.S. Eighth Circuit Court of Appeals vacated Ways' conviction on the basis the prosecution introduced insufficient evidence Ways was guilty. The Court ruled the government presented no evidence at trial that the ammunition belonged to Ways or knew it was in the house, and that while Ways stayed at the house on occasion it wasn't his primary residence, and that his "mere presence [in a house where contraband is located] is not sufficient to support a conviction for possession." On November 10, 2016 Ways' ammunition possession count was dismissed. He was not released because he was convicted of unrelated drug charges, for which he has a scheduled release date of January 12, 2026." |
Conviction Caused By: |
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Innocence Proved By: |
"On August 11, 2016 the U.S. Eighth Circuit Court of Appeals vacated Ways' conviction on the basis the prosecution introduced insufficient evidence Ways was guilty. The Court ruled the government presented no evidence at trial that the ammunition belonged to Ways or knew it was in the house, and that while Ways stayed at the house on occasion it wasn't his primary residence, and that his "mere presence [in a house where contraband is located] is not sufficient to support a conviction for possession."" |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
45 |
Age When Released: |
49 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"United States v. John Ways, Jr., No. 15-1716 (8th Cir., 8-11-2016) (Vacating felon in possession of firearm/ammunition based on insufficient evidence it was in his possession.)" |
Information Location 1: |
http://media.ca8.uscourts.gov/opndir/16/08/151716P.pdf |
Information Source 2: |
"Appeals court overturns conviction of former Lincoln head shop owner, By Riley Johnson (Staff writer), Lincoln Journal Star, August 12, 2016" |
Information Location 2: |
http://journalstar.com/news/local/911/appeals-court-overturns-conviction-of-former-lincoln-head-shop-owner/article_81b6694f-4c62-554c-ba6c-9e49ca9949df.html |
Information Source 3: |
"USA v. Ways et al, No. 8:12-cr-00391-JFB-SMB-1 (USDC Dist. Of Nebraska) (Case closed March 30, 2015) (Docket last viewed 3-13-2018)" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org