United States v. Mills, Sr., No. 13-7358 (4th Cir. 2014)Annotate this Case
After his felon-in-possession conviction was vacated, petitioner sought a certificate of actual innocence under 28 U.S.C. 2513. The court concluded that petitioner did not satisfy the second section 2513 predicate where petitioner cannot prove that he "did not commit any of the acts charged" and so cannot satisfy the first part of the second predicate. Because petitioner concedes that he also did not prove the alternative second part of that predicate, he is not entitled to a certificate of innocence. Accordingly, the court affirmed the district court's denial of the petition.