context: When we grant a prisoner like Bryant relief under the savings clause for an argument that he is legally innocent of his sentence and not actually innocent of his offense, we sidestep the clear command of Congress. To file a second or successive motion based on actual innocence, the prisoner must have "newly discovered evidence" proving that "no reasonable factfin- der would have found [him] guilty of the offense." 28 U.S.C. SS 2255(h)(1). A decision by the Supreme Court is not "newly discovered evidence." Nor is a prisoner actually innocent of his "offense" if all he can establish is legal innocence of his sentence.
citation_a.signal: see also
citation_a.identifier: 715 F.3d 284, 296
citation_a.parenthetical: "A sentence is not a conviction for an 'underlying offense.'"
citation_a.sentence: See Williams, 713 F.3d at 1346 (“[H]e is asserting only legal innocence: that his burglary convictions should not have been considered violent felonies under the [Armed Career Criminal Act].”); McKay v. United States, 657 F.3d 1190, 1199 (11th Cir.2011) (“McKay does not even suggest, because he cannot, that he did not actually commit the crime of carrying a concealed weapon.”); see also In re Hill, 715 F.3d 284, 296 (11th Cir.2013) (“A sentence is not a conviction for an ‘underlying offense.’”).
citation_b.signal: see
citation_b.identifier: 713 F.3d 1346, 1346
citation_b.parenthetical: "[H]e is asserting only legal innocence: that his burglary convictions should not have been considered violent felonies under the [Armed Career Criminal Act]."
citation_b.sentence: See Williams, 713 F.3d at 1346 (“[H]e is asserting only legal innocence: that his burglary convictions should not have been considered violent felonies under the [Armed Career Criminal Act].”); McKay v. United States, 657 F.3d 1190, 1199 (11th Cir.2011) (“McKay does not even suggest, because he cannot, that he did not actually commit the crime of carrying a concealed weapon.”); see also In re Hill, 715 F.3d 284, 296 (11th Cir.2013) (“A sentence is not a conviction for an ‘underlying offense.’”).