Does petitioner fail to demonstrate that he had an "unobstructed procedural shot" at presenting the instant claim of innocence?

Moreover, petitioner fails to demonstrate that he did not have an "unobstructed procedural shot" at presenting the instant claim. The two factors to consider when assessing whether petitioner had an unobstructed procedural opportunity to present his claim of innocence are: (1) whether the legal basis for petitioner's claim did not arise until the conclusion of his direct appeal and first 28 U.S.C. 2255 motion; and (2) whether the applicable law changed in any relevant way after the conclusion of the petitioner's first 2255 motion. Harrison v. Ollison, 519 F.3d 952, 960 (9th Cir. 2008).