United States Fourth Circuit

Denial of defendant’s petition for a certificate of actual innocence (after his felon-in-possession conviction was vacated) is affirmed, where: 1) a court may grant the certificate, a prerequisite for recovering compensation for wrongful incarceration, only in rare cases in which it finds that a previous convicted defendant is truly innocent; 2) defendant committed an act that constituted both a federal crime and a state crime, but was charged on the federal crime only; and 3) the subsequent determination that defendant was innocent of the federal crime does not imply that he is “truly innocent” of the state crime.

Appellate Information

• Decided 12/08/2014
• Published 12/08/2014

Judges

• Motz

Court

• United States Fourth Circuit

Counsel