Wrongly Convicted Database Record
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Charge: |
Evidence Destruction or Tampering |
Sentence: |
30 days |
Years Imprisoned: |
0.083 |
Year Crime: |
2007 |
Year Convicted: |
2011 |
Year Cleared: |
2015 |
U.S. State or Country of Crime: |
Florida - Federal Case |
County or Region of Crime: |
Manatee |
City of Crime: |
Cortez |
Result: |
Judicially Exonerated |
Summary of Case: |
"John L. Yates was indicted on May 10, 2010 for one count each of allegedly violating 18 U. S. C. §1519 and 18 U.S.C. §2232(a). Bates was arraigned on May 13, 2010, and released later that day on $30,000 bond after pleading not guilty. Jury selection for Yates' trial began on August 2, 2011, and he was convicted on August 5, 2011. On December 9, 2011 Yates was sentenced to serve 30 days in custody for counts 1 and 2 to be served concurrently, and 3 years of supervised release. Yates was taken into custody and his motion for release was denied. Yates was released in January 2012 after serving his 30 day sentence. Yates didn't appeal his conviction of violating §2232(a), however he appealed his conviction for violating §1519, arguing that the law didn't apply to his conduct because fish were not "tangible property" under that law that was specifically enacted to prosecute financial crimes were physical and computer records are destroyed. On August 15, 2013 the U.S. Tenth Circuit Court of Appeals affirmed Yates' conviction. The U.S. Supreme Court accepted review of Yates' case. On February 25, 2015 the U.S. Supreme Court vacated Yates conviction for violating 18 U.S.C. §1519, in ruling that fish were not "tangible property" under that statute so Yates did not commit a crime." |
Conviction Caused By: |
Misapplication of 18 U.S.C. §1519 to Yates conduct. |
Innocence Proved By: |
"On February 25, 2015, by a 5-4 majority vote, the U.S. Supreme Court vacated Yates conviction for violating 18 U.S.C. §1519, in ruling that fish were not "tangible property" under that statute so Yates did not commit a crime." |
Defendant Aided By: |
"On February 25, 2015 the U.S. Supreme Court " |
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: |
"John L. Yates v. United States, No. 137451 (USSC, 2-25-2015) (Vacating conviction on basis his conduct didn't violate federal law.)" |
Information Location 1: |
http://www.supremecourt.gov/opinions/14pdf/13-7451_m64o.pdf |
Information Source 2: |
"In Overturning Conviction, Supreme Court Says Fish Are Not Always Tangible, By Adam Liptak, The New York Times, February 25, 2015" |
Information Location 2: |
http://www.nytimes.com/2015/02/26/us/justices-overturn-a-fishermans-conviction-for-tossing-undersize-catch.html?_r=0 |
Information Source 3: |
"U.S. Supreme Court overturns conviction of Cortez fisherman charged with throwing fish overboard, By Kate Irby and Amaris Castillo (Staff writers), Bradenton Herald (Bradenton, FL), February 25, 2015" |
Information Location 3: |
http://www.bradenton.com/2015/02/25/5656634_us-supreme-court-overturns-conviction.html?rh=1 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org