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Miscarriage of Justice

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El Aemer El Mujaddid

November 14, 2019

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Finding that errors concerning alleged due process violations may amount to a miscarriage of justice and invalidate an appellate waiver. U.S. v. Khattak 273 F.3d 557 (3d Cir. 2001)

As we explained in our decision in Cristin, 281 F.3d at 412, a “fundamental miscarriage of justice” will remove the bar on claims that have been procedurally defaulted, and actual innocence will show such a fundamental miscarriage of justice.

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