The following excerpt is from Grey v. Warden, Case No.: 16cv2764 GPC (AGS) (S.D. Cal. 2018):
2. But see Vosgien v. Persson, 742 F.3d 1131, 1135-36 (9th Cir. 2014) (stating a petitioner can show "actual innocence" by establishing that, based on subsequent case law, he is not legally guilty of the crimes of which he was convicted).
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