McKay v. United States, No. 09-15099 (11th Cir. 2011)Annotate this Case
Defendant appealed the district court's denial of his motion to vacate, set aside, or correct his sentence, filed pursuant to 28 U.S.C. 2255. On appeal, defendant argued that the district court erred in ruling that his sentencing claim was not cognizable under section 2255. Defendant also argued that the actual innocence exception to the procedural default rule applied to excuse the procedural default of his sentencing claim. The court held that defendant procedurally defaulted his claim by failing to raise it on direct appeal and that the actual innocence exception did not apply to defendant's claim of legal innocence. Accordingly, the court affirmed the district court's denial of the section 2255 motion.