US v. Moon: In 2005, Moon was convicted of being a felon in possession of a firearm and sentenced to 180 months in prison under the Armed Career Criminal Act. After the Supreme Court decided Johnson, Moon sought to have his sentence vacated. The district court agreed that ACCA no longer applied and resentenced Moon to time served “plus ten days.” All told, Moon served nine years in prison. Five years later, Moon petitioned the district court for a “certificate of innocence” under 28 U.S.C. §2513(a), which would allow him to seek compensation for unjust imprisonment. The district court denied the petition.
On appeal, the Fourth Circuit affirmed the district court’s denial of Moon’s petition. To get a certificate of innocence, a petitioner must meet three criteria, none of which Moon met. First, they must show that their conviction had been “reversed or set aside on the ground that he is not guilty of the offense of which he was convicted.” Moon admitted his conviction itself was still valid, but argued that the vacation of his ACCA designation met the requirement. The court disagreed, as it is neither a “conviction” nor an “offense.” Second, a petitioner must show that they did not commit the crime charged or that the acts did not constitute a criminal offense. Moon could meet neither requirement, as he conceded he possessed the firearm and could not show that his possession of it was legal. Finally, a petition must show that they “did not by misconduct or neglect cause or bring about his own prosecution.” Moon failed here because his “conduct was far from virtuous” and his illegal conduct of “his violation of South Carolina traffic safety law and his possession of illegal drugs” led to his firearm conviction.
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