United States Fourth Circuit

In defendant's motion for a certificate of innocence after his conviction for embezzlement of his employer was overturned, district court's denial of the motion is affirmed as defendant has not demonstrated that the court abused its discretion in concluding that he failed to meet his burden under the second clause of section 2513(a)(2), that he did not, by misconduct or neglect, cause or bring about his own prosecution.

Appellate Information

• Argued 01/27/2010
• Decided 06/16/2010
• Published 06/16/2010

Judges

• Before MICHAEL, MOTZ, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Harry Preston Henshaw, III, Charleston, West Virginia, for Appellant. Hunter Paul Smith, Jr., Office of the United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF:Charles T. Miller, United States Attorney, Charleston, West Virginia, for Appellee.