When a defendant pleads guilty despite the fact that the Government’s own allegations demonstrate that the defendant is innocent of the crime of conviction (or any equal or greater crime), coram nobis is available to vacate the mistaken plea.[505]  In Tucor Int’l, the defendant company was accused by the Government of fixing prices and other criminal antitrust violations in its business of transporting household goods for United States service personnel within the Philippines.  As part of a negotiated deal, Tucor Int’l pled guilty and paid a fine.  Subsequently, however, it discovered that a separate federal statute (the “Shipping Act”) exempts “any activity concerning the foreign inland segment of through transportation . . . .”[506]  The company sought coram nobis relief, which was granted by the district court and upheld by the Ninth Circuit, because, according to the Government’s allegations, the company had handled only the “foreign inland segment” of transportation and thus was factually innocent of the crime of conviction.[507]

[505] United States v. Tucor Int’l, Inc., 189 F.3d at 836, 838 & n.1 (9th Cir. 1999).

[506] Id. at 835.

[507] Id. at 837-38.  See also Jackson v. Calderon, 211 F.3d 1148 (9th Cir. 2000) (actual innocence is a permissible basis for post-conviction relief, where petitioner can go beyond demonstrating doubt about his guilt and can affirmatively prove that he is probably innocent).

HABEAS CORPUS - FEDERAL - ACTUAL INNOCENCE IN NON-DEATH CASE
Dretke v. Haley, 124 S.Ct. 1847 (May 3, 2004) (Supreme Court declines to decide whether "actual innocence" exception applies to noncapital sentencing errors, and remands case to district court to consider alternative grounds presented).
http://caselaw.findlaw.com/data2/circs/us/021824.pdf

Fourth Circuit

POST CON RELIEF - FEDERAL - MOTION TO WITHDRAW GUILTY PLEA - GROUNDS - NEWLY DISCOVERED EVIDENCE OF INNOCENCE
United States v. Thompson-Riviere, 561 F.3d 345 (4th Cir. Mar. 26, 2009) (motion to withdraw guilty plea for illegal entry granted on the ground that defendant newly discovered evidence that defendant was a citizen).

Ninth Circuit

POST CON RELIEF " FEDERAL " GROUNDS " ACTUAL INNOCENCE
United States v. Avery, 719 F.3d 1080 (9th Cir. Jun. 18, 2013) (A defendant has procedurally defaulted a claim by failing to raise it on direct review, [and] the claim may be raised in habeas only if the defendant can first demonstrate either cause and actual prejudice or that he is actually innocent. Bousley v. United States, 523 U.S. 614, 622, 118 S.Ct. 1604, 140 L.Ed.2d 828 (1998) (citations omitted). Actual innocence is an equitable remedy that permits a petitioner to obtain collateral review of a procedurally defaulted claim. Schlup v. Delo, 513 U.S. 298, 327, 115 S.Ct. 851, 130 L.Ed.2d 808 (1995). To invoke the actual innocence exception, Avery must show that in light of all of the evidence, it is more likely than not that no reasonable juror would have found [him] guilty beyond a reasonable doubt. Id. In this context, actual innocence means factual innocence, not mere legal insufficiency. Bousley, 523 U.S. at 623, 118 S.Ct. 1604 (internal quotation marks omitted).).

POST CON RELIEF - GROUNDS - INSUFFICIENT EVIDENCE - CONDUCT NOT A CRIME - BAD CHECKS - NO CRIME WHEN BANK HONORS THEM
Goldyn v. Hayes, ___ F.3d ___ (9th April 11, 2006) ("Petitioner spent 12 years in prison for conduct that is not a crime. We vacate her conviction pursuant to Jackson v. Virginia, 443 U.S. 307 (1979)." The conduct was writing checks with insufficient funds or credit. The alleged victims were the people she wrote checks to (not the bank). The reason it wasnt a crime is that her bank had given her a check guarantee card (in other words, extended credit), and the bank honored every one of the checks she wrote. "On federal habeas, Goldyn presents a simple argument: If the bank was obligated to cover them, then she cant have written bad checks." Kozinski ends by saying: "We are saddened and dismayed that Goldyn spent twelve years behind bars for conduct that is not a crime - or, at least, is not the crime with which she was charged.")

POST CON RELIEF - FEDERAL - GROUNDS - INSUFFICIENT EVIDENCE
Smith v. Mitchell, ___ F.3d ___ (9th Cir. Feb. 9, 2006) (reversing denial of a habeas corpus petition from a conviction for assault on a child resulting in death pursuant to a claim of constitutionally insufficient evidence where no rational trier of fact could have found beyond a reasonable doubt that defendant caused the child's death).
http://caselaw.lp.findlaw.com/data2/circs/9th/0455831p.pdf

POST CON - INSUFFICIENT EVIDENCE - BAD CHECKS - NO CRIME WHEN BANK HONORS THEM
Goldyn v. Hayes, ___ F.3d ___ (9th Cir. Feb. 1, 2006) (conviction for writing checks with insufficient funds reversed for insufficient evidence, where defendant had a check guarantee card (in other words, sufficient credit for the bank to cover the checks), and the bank in fact honored every one of the checks she wrote: "No rational trier of fact could have found that Goldyn committed the crime of writing bad checks as defined by Nevada law. . . . And no rational judicial system would have upheld her conviction.").

Other

POST-CON - HABEAS CORPUS - ACTUAL INNOCENCE
House v. Bell, __ F.3d __ (Jun. 12, 2006) (defendant successfully made the stringent showing required by the actual-innocence exception to procedural default rules). http://laws.lp.findlaw.com/us/000/048990.html