United States v. Davies

Todd R. Davies appeals the District Courts 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 of all the evidence, [presently before us] it is more likely than not that no reasonable juror would have convicted him." Bousley v. United States, 523 U.S. 614, 623 (1998) (quoting Schlup v. Delo, 513 U.S. 298, 327-328 (1995)). Where the local church that Davies stood accused of burning had no more than a passive connection to interstate commerce, no reasonable juror could have concluded that Davies destroyed by fire a building "used in interstate... commerce or in any activity affecting interstate... commerce," 18 U.S.C. § 844(i). This showing of "actual innocence" entitled Davies to have both of his remaining claims for relief resolved on their merits. While the District Court correctly resolved one of those claims in the course of determining that Davies had shown no cause and prejudice for his procedural default, one claim remains unresolved. Accordingly, we will reverse the judgment of the District Court and remand for further proceedings.