Fernandez v. United States · ¶50

Fernandez offers a backup position: Even if § 3582(c)(1) (A)(i) does not ordinarily allow district courts to grant compassionate release for reasons that would support a § 2255 motion, he asserts that actual innocence claims are an exception. He points out that “a factual showing of actual innocence `ha[s] never been held to state a ground for federal habeas relief absent an independent constitutional violation.' ” Brief for Petitioner 41–42 (quoting Herrera v. Col lins, 506 U. S. 390, 400 (1993)). Thus, he says, such a claim must be cognizable under § 3582; otherwise, a prisoner might have nowhere to go. See also post, at 441–442, 449–450 (Jackson, J., dissenting).

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