Mobley v. United States

MEMORANDUM OPINION

ELLIS, District Judge.

This matter is before the Court on a petition by Delbert Mobley to vacate, set aside, or correct his sentence, pursuant to 28 U.S.C. § 2255. At issue is whether an “actual innocence” exception to the Frady 1 cause requirement applies where, as here, a statutorily mandated sentence is imposed on a defendant on the basis of a material error in the defendant’s official criminal record.

I

On September 23, 1992, Mobley was convicted by a jury of unlawful possession of a firearm by a felon, in violation of 18 U.S.C. § 922(g)(1). 2 Thereafter, on December 4,…