United States v. Kevin Brewer

United States Court of Appeals
For the Eighth Circuit
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No. 21-1286
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Kevin Lamont Brewer
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Arkansas - Hot Springs
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Submitted: July 8, 2021
Filed: July 13, 2021
[Unpublished]
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Before SHEPHERD, GRASZ, and STRAS, Circuit Judges.
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PER CURIAM.
Kevin Brewer appeals the district court’s1 order denying his petition for a
certificate of innocence under 28 U.S.C. § 2513. Our review of the record satisfies
us that the district court did not abuse its discretion. See United States v. Racing
Servs., Inc., 580 F.3d 710, 713 (8th Cir. 2009) (standard of review). Brewer’s
conduct underlying his 18 U.S.C. § 2250(a) conviction, which was ultimately vacated
pursuant to proceedings under 28 U.S.C. § 2255, see United States v. Brewer, 766
F.3d 884, 886-92 (8th Cir. 2014), constituted a violation of state law, see United
States v. Brewer, 628 F.3d 975, 977-78 (8th Cir. 2010); see also United States v.
Mills, 773 F.3d 563, 566-67 (4th Cir. 2014) (The plain language of § 2513(a) places
the burden on petitioner to “allege and prove” predicates entitling him to relief,
including that acts underlying vacated conviction constitute no federal or state
crime.). The judgment is affirmed. See 8th Cir. R. 47B.
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1
The Honorable Robert T. Dawson, United States District Judge for the
Western District of Arkansas, adopting the Report and Recommendation of the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District
of Arkansas.
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