context: Some courts have rejected similar claims. The Fourth Circuit held, "This argument ... is not cognizable as a claim of actual innocence."
citation_a.signal: see also
citation_a.identifier: 657 F.3d 1199, 1199
citation_a.parenthetical: "[E]ven if the actual innocence exception were to extend to the noncapital sentencing context ... this exception would not apply to [petitioner's] claim of legal innocence and thus could not excuse his procedural default."
citation_a.sentence: See also McKay, 657 F.3d at 1199 (“[E]ven if the actual innocence exception were to extend to the noncapital sentencing context ... this exception would not apply to [petitioner’s] claim of legal innocence and thus could not excuse his procedural default.”); Berry v. United States, 468 Fed.Appx. 924, 925-26 (11th Cir.2012) (rejecting actual innocence argument in § 2255 petition where petitioner Berry did not claim to be actually innocent of the crime for which he was sentenced or innocent of the predicate crimes); Damon v. United States, 2012 WL 6216868, at *8-11, 2012 U.S. Dist. LEXIS 176484, at *24-30 (D.Me.
citation_b.signal: no signal
citation_b.identifier: 612 F.3d 284, 284
citation_b.parenthetical: holding that SS 2255 movant claiming his prior conviction for assault was not a "violent felony" did not qualify for actual innocence exception
citation_b.sentence: Pettiford, 612 F.3d at 284 (holding that § 2255 movant claiming his prior conviction for assault was not a “violent felony” did not qualify for actual innocence exception).