CA10: CI testified in 2255 there was no controlled buy supporting search warrant which Dist.Ct. credits; gun conviction set aside

The District Court held that there was a fraud on the court exception to AEDPA and set aside one of defendant’s convictions based on false evidence of a controlled buy by an informant related in a search warrant. The informant testified in the 2255 hearing that there was no controlled buy at all. The Tenth Circuit rejects the fraud on the court exception, but grants it as a miscarriage of justice and treats the appeal as a request for a successor petition. Defendant’s meth convictions are not set aside. United States v. Williams, 2015 U.S. App. LEXIS 10631 (10th Cir. June 23, 2015).

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