Criminal Law :  Habeas Relief –  Actual Innocence

Where a defendant challenged the denial of his Rule 60(b), the district court did not abuse its discretion by relying on the trial record rather than conducting an evidentiary hearing on his certificate of innocence motion, and the judgment is affirmed because a jury verdict in his Section 1983 trial was not a finding of actual innocence and did not constitute exceptional circumstances.

Judgment is affirmed.

Holmes v. U.S. (MLW No. 71952/Case No. 16-1078 – 11 pages) (U.S. Court of Appeals, 8^th Circuit, Shepherd, J.) Appealed from U.S. District Court, Eastern District of Missouri, Jackson, J. (Roshna Bala Keen, Chicago, argued for appellant; David B. Owens and Jon Loevy appeared on the brief) (Gilbert Chester Sison, St Louis, argued for appellee; Roger Alan Keller Jr. appeared on the brief).

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