United States v. Todd R. Davies

OPINION OF THE COURT

STAPLETON, Circuit Judge.

Todd R. Davies appeals the District Court’s denial of his 28 U.S.C. § 2255 petition. One of the claims for relief there asserted is now acknowledged to be foreclosed by our case law. The other two were found by the District Court to be procedurally barred. Because the Court further concluded that Davies could not establish cause and prejudice, or actual innocence, to overcome that bar, the petition was denied. We hold that Davies has demonstrated that he is “actually innocent” of the 18 U.S.C. § 844(i) violation at issue here because, “ ‘in light…