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Former US Marine’s conviction for AK-47 tossed

January 7, 2014

RIVERSIDE, California (AP) — A former U.S. Marine has been released from prison after an appeals court overturned his conviction for possessing an AK-47 that may have belonged to a member of Saddam Hussein’s royal guard.

The Riverside Press-Enterprise reports the 9th Circuit Court of Appeals ruled last month that Joel Cleve Miller should have been allowed to present testimony from two witnesses, including his ex-wife, to back his claim that he was framed.

The U.S. Attorney’s Office hasn’t said whether it will seek a retrial.

The 42-year-old Miller served nine months of his two-year sentence for the 2010 conviction.

Prosecutors said the AK-47 came from one of Hussein’s palaces. Miller served in Iraq for 14 months.

Miller’s attorney didn’t return requests for comment on Monday.

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Information from: The Press-Enterprise, http://www.pe.com

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