S.D.N.Y.: PCR claim that officer lied about CI eight years earlier wasn’t actual innocence claim

Defendant’s 2018 post-conviction claim that the officer lied about the existence of a CI in 2010 wasn’t cognizable now because he doesn’t claim actual innocence. Edmonson v. United States, 2018 U.S. Dist. LEXIS 181045 (S.D. N.Y. Oct. 19, 2018):

But even assuming Koch lied in the April 2010 warrant application, Edmonson does not argue he is factually innocent of the substantive charges to which he pleaded guilty. Edmonson does not deny that he was a member of a narcotics distribution conspiracy. Nor does he deny that he possessed, discharged, and provided firearms to others in furtherance of the conspiracy. Edmonson only claims that, had he known of the alleged lies in the search warrant application, he would not have pleaded guilty. (See Motion To Withdraw at 3.) That claim does not go toward establishing factual innocence. See Bousley v. United States, 523 U.S. 614, 623, 118 S. Ct. 1604, 140 L. Ed. 2d 828 (1998) (distinguishing between concepts of factual innocence and legal insufficiency in context of federal habeas review).