CA11: Petr’s successor habeas claim for new evidence of a 4A violation doesn’t show actual innocence

“Petroff asserts that each of his claims rely on ‘the same newly discovered evidence.’ However, Petroff does not appear to actually describe what the new evidence he has obtained is at any point. Moreover, Petroff’s central argument appears to be that law enforcement improperly acquired a search warrant, and, during their illegal search of his home and personal computer, discovered the evidence upon which the case against Petroff primarily rested. Although, if true, this conduct could rise to the level of a Fourth Amendment violation, even assuming that Petroff described his ‘newly discovered evidence,’ he does not adequately explain how it demonstrates his factual innocence. 28 U.S.C. § 2255(h)(1).” In re Petroff, 2019 U.S. App. LEXIS 14950 (11th Cir. May 21, 2019).