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: no signal
citation_a.identifier: 612 F.3d 284, 284
citation_a.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_a.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).
citation_b.signal: see also
citation_b.identifier: 468 Fed.Appx. 924, 925-26
citation_b.parenthetical: rejecting actual innocence argument in SS 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
citation_b.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.