RIVERSIDE, Calif. (AP) — A former Marine from Southern California has been released from prison after an appellate court overturned his conviction for possessing a chrome-plated 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 has not said whether it will seek a retrial.
The 42-year-old Miller served nine months of his two-year sentence.
The Hemet resident was convicted in 2010 of illegally possessing a machine gun.
Prosecutors said the AK-47 came from one of Saddam Hussein's palaces. Miller served in Iraq for 14 months.
Miller's attorney did not return requests for comment on Monday.
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