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Keith Deaton v. Wendy Kelley
684 F. App'x 598
| 8th Cir. | 2017
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*1 Before GRUENDER, ARNOLD, and BENTON, Circuit Judges.

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PER CURIAM.

Following a remand in Deaton v. Hobbs , 561 Fed. Appx. 584 (8th Cir. 2014) (per curiam), the district court conducted an evidentiary hearing and afterward [1]

*2 concluded that Keith Deaton was unable to meet the demanding actual-innocence standard to toll the expiration of the statute of limitations for his 28 U.S.C. § 2254 petition. Accordingly, the district court denied Deaton’s habeas petition as untimely, and he appeals. Because we agree with the district court that Deaton’s evidence was not sufficient to establish that “no juror, acting reasonably, would have voted to find him guilty beyond a reasonable doubt,” see McQuiggin v. Perkins , 133 S. Ct. 1924, 1928 (2013), we affirm.

______________________________

-2-

[1] The Honorable Brian S. Miller, Chief Judge for the United States District Court for the Eastern District of Arkansas.

Case Details

Case Name: Keith Deaton v. Wendy Kelley
Court Name: Court of Appeals for the Eighth Circuit
Date Published: May 5, 2017
Citation: 684 F. App'x 598
Docket Number: 16-1925
Court Abbreviation: 8th Cir.
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