Pulungan v. U.S.

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 12-2595
Decision Date: 
July 10, 2013
Federal District: 
W.D. Wisc.
Reversed and remanded
Dist. Ct. erred in granting plaintiff-prisoner’s request for certificate of innocence under 28 USC section 2513 based on Ct. of Appeals’ prior decision finding that record failed to show beyond reasonable doubt that defendant was guilty of charge of attempting to export defense articles. Determination that govt. failed to prove charge beyond reasonable doubt is not equivalent to conclusion that plaintiff was innocent of instant criminal charge, and in order to issue certificate of innocence, hearing on remand was necessary to determine whether items that plaintiff was attempting to export were actually “defense articles,” and whether defendant knew that said items were “defense articles” and was also aware of need for export license.