United States DC Circuit

Denial of a motion for a "certificate of innocence" in order to pursue a damages claim in the Court of Federal Claims for unjust conviction and imprisonment pursuant to 28 U.S.C. section 1495 is affirmed where the district court had declined to issue a habeas corpus writ setting aside petitioner's conviction, and was thus unable in the subsequent 28 U.S.C. section 2513 proceeding to certify the statute's first requisite fact -- that petitioner's conviction had been reversed or set aside -- for the simple reason that it had not been.

Appellate Information

• Argued 04/22/2010
• Decided 05/18/2010
• Published 05/18/2010

Judges

• Before HENDERSON, GRIFFITH and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Patrick Michael Regan argued the cause for the appellant. Paul J. Cornoni and John K. Zwerling were on brief. Andrew B. Weissman made an appearance.


• For Appellees:
  
• Mary B. McCord, Assistant United States Attorney, argued the cause for the appellee. Roy W. McLeese III and Carolyn K. Kolben, Assistant United States Attorneys, were on brief.