Summary
holding that petitioner failed to demonstrate factual innocence and noting that “[t]hus far, the Supreme Court and the Eleventh Circuit have recognized that the actual innocence doctrine applies in only two contexts: where the defendant claims that he is actually innocent of the crime of conviction and where a defendant claims that he is actually innocent of a capital sentence”
Summary of this case from United States v. JonesOpinion
7:13-cv-8042-VEH-JEO 7:12-cr-0021-VEH-JEO
01-07-2014
CODY RYAN KIZZIAH, Movant/Defendant, v. UNITED STATES OF AMERICA, Respondent
FINAL ORDER
Pursuant to FED. R. CIV. P. 58, for the reasons stated in the Memorandum Opinion entered herewith, Defendant Cody Ryan Kizziah's pro se motion to vacate his federal sentence under 28 U.S.C. § 2255 is hereby DENIED. This action is DISMISSED WITH PREJUDICE. The Clerk is DIRECTED to close the file.
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VIRGINIA EMERSON HOPKINS
United States District Judge