Petitioner Lacked Colorable Claim to Actual Innocence

U.S. v. Payne, 2011 WL 1760423 (5/10/11) (Okl.) (Published) - The 10th explicitly overrules an old case that indicated a prisoner could only use § 2255 to overturn a sentence, not a conviction. Consequently, the petitioner's petition for writ of error coram nobis cannot succeed because he could have pursued § 2255 relief challenging his conviction when he was in custody. His § 2255 claim is now time-barred. He had not proven his actual innocence by showing officers involved in his case had worked with Tulsa officers indicted for planting evidence in other cases.