United States v. Abreu, No. 18-13965 (11th Cir. 2020)Annotate this Case
After defendant's conviction for conspiracy to commit healthcare fraud was overturned based on insufficiency of the evidence, defendant petitioned the district court for a certificate of innocence, seeking to obtain compensation for the time she spent incarcerated.
The Eleventh Circuit affirmed the district court's judgment, holding that the Unjust Conviction Statute, 28 U.S.C. 1495, 2513, requires defendant to allege and prove her actual innocence. Although the court's opinion in United States v. Willner, 795 F.3d 1297, 1301 (11th Cir. 2015), concluded that the evidence was insufficient to prove guilt beyond a reasonable doubt, it did not by itself establish defendant's innocence under section 2315. Furthermore, given that defendant did not submit any other evidence supporting her claim of innocence, the court held that the district court did not err in denying her petition.