kenneth eugene bousley argued march decided may held although petitioner claim procedurally defaulted may entitled hearing merits makes necessary showing relieve default pp voluntary intelligent guilty plea constitutionally valid brady plea intelligent unless defendant first receives real notice nature charge smith petitioner plea contrary eighth circuit view constitutionally invalid proved district misinformed elements offense brady supra mcmann richardson parker north carolina distinguished pp rule teague lane new constitutional rules criminal procedure generally applicable cases became final new rules bar petitioner claim nothing new principle plea must knowing intelligent teague terms applies procedural rules inapplicable situations decides meaning criminal statute enacted congress pp nonetheless significant procedural hurdles consideration merits petitioner claim attacked collateral review first challenged direct review since petitioner appealed sentence plea procedurally defaulted claim presses pursue defaulted claim habeas must first demonstrate either cause actual prejudice murray carrier actually innocent arguments legal basis claim reasonably available counsel time plea futile attack plea bailey establish cause default however district address whether petitioner actually innocent charge government contend waived claim failing raise thus remand may attempt make actual innocence showing actual innocence means factual innocence mere legal insufficiency accordingly government limited existing record may present admissible evidence petitioner guilt petitioner actual innocence showing must also extend charges government forgone course plea bargaining however government errs maintaining petitioner must prove actual innocence using carrying firearm violation indictment charged using firearms record evidence government elected charge carrying firearm exchange guilty plea pp reversed remanded rehnquist delivered opinion kennedy souter ginsburg breyer joined stevens filed opinion concurring part dissenting part scalia filed dissenting opinion thomas joined notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press kenneth eugene bousley petitioner writ certiorari appeals eighth circuit may chief justice rehnquist delivered opinion petitioner pleaded guilty using firearm violation five years later held bailey use prong requires government show active employment firearm petitioner meanwhile sought collateral relief claiming guilty plea knowing intelligent misinformed district nature charged crime hold although claim procedurally defaulted petitioner may entitled hearing merits makes necessary showing relieve default following arrest march petitioner charged possession methamphetamine intent distribute violation superseding indictment added charge knowingly intentionally used firearms relation drug trafficking crime violation app petitioner agreed plead guilty charges reserving right challenge quantity drugs used calculating sentence id district accepted petitioner pleas finding competent enter pleas voluntarily entered factual basis id following sentencing hearing district sentenced petitioner months imprisonment drug count consecutive term months imprisonment count four years supervised release id petitioner appealed sentence challenge validity plea appeals affirmed june petitioner sought writ habeas corpus challenging factual basis guilty plea ground neither evidence plea allocution showed connection firearms bedroom house garage drug trafficking occurred app magistrate judge recommended petition treated motion recommended dismissal concluding factual basis petitioner guilty plea guns petitioner bedroom close proximity drugs readily accessible app district adopted magistrate judge report recommendation ordered petition dismissed id petitioner appealed appeal pending held bailey conviction use firearm requires government show active employment firearm explained active employment includes uses brandishing displaying bartering striking obviously firing attempting fire weapon id include mere possession firearm id thus defendant charged merely storing weapon near drugs drug proceeds placement firearm provide sense security embolden id following decision bailey appeals appointed counsel represent petitioner counsel argued bailey applied retroactively petitioner guilty plea involuntary misinformed elements offense claim waived guilty plea conviction therefore vacated nevertheless appeals affirmed district order dismissal bousley brooks granted certiorari resolve split among circuits permissibility bailey collateral attacks convictions obtained pursuant guilty pleas government disagreed appeals analysis appointed amicus curiae brief argue case support judgment plea guilty constitutionally valid extent voluntary intelligent brady long held plea qualify intelligent unless criminal defendant first receives real notice true nature charge first universally recognized requirement due process smith amicus contends petitioner plea intelligently made prior pleading guilty provided copy indictment charged using firearm circumstances standing alone give rise presumption defendant informed nature charge henderson morgan id white concurring petitioner nonetheless maintains guilty plea unintelligent district subsequently misinformed elements offense words petitioner contends record reveals neither counsel correctly understood essential elements crime charged contention proven petitioner plea contrary view expressed appeals constitutionally invalid decisions brady supra mcmann richardson parker north carolina relied upon amicus contrary cases involved criminal defendant pleaded guilty correctly informed essential nature charge see brady mcmann parker defendants later attempted challenge guilty pleas became evident misjudged strength government case penalties subject example brady pleaded guilty kidnapping maintained plea neither voluntary intelligent induced death penalty provision later held unconstitutional rejected brady voluntariness argument explaining plea guilty entered one fully aware direct consequences plea voluntary constitutional sense unless induced threats misrepresentation perhaps promises nature improper proper relationship prosecutor business id internal quotation marks omitted held brady plea intelligent although later judicial decisions indicated time plea correctly assess every relevant factor entering decision id advised competent counsel control mental faculties made aware nature charge id case contrast petitioner asserts misinformed true nature charge amicus urges us apply rule teague lane petitioner claim plea knowing intelligent teague held new constitutional rules criminal procedure applicable cases become final new rules announced id unless new rule places kinds primary private individual conduct beyond power criminal authority proscribe id quoting mackey harlan concurring part dissenting part considered watershed rul criminal procedure believe teague governs case constitutional claim made petitioner guilty plea knowing intelligent surely nothing new principle enumerated long ago smith supra teague terms applies procedural rules think inapplicable situation decides meaning criminal statute enacted congress distinction substance procedure important one habeas context teague doctrine founded notion one principal functions habeas corpus assure man incarcerated procedure creates impermissibly large risk innocent convicted teague quoting desist consequently unless new rule criminal procedure nature without likelihood accurate conviction seriously diminished reason apply rule retroactively habeas review contrast decisions holding substantive federal criminal statute reach certain conduct like decisions placing conduct power criminal authority proscribe id quoting mackey necessarily carry significant risk defendant stands convicted act law make criminal davis federal system congress courts make conduct criminal lanier slip hudson cranch accordingly inconsistent doctrinal underpinnings habeas review preclude petitioner relying decision bailey support claim guilty plea constitutionally invalid though petitioner claim teague nonetheless significant procedural hurdles consideration merits strictly limited circumstances guilty plea may attacked collateral review well settled voluntary intelligent plea guilty made accused person advised competent counsel may collaterally attacked mabry johnson omitted even voluntariness intelligence guilty plea attacked collateral review first challenged direct review habeas review extraordinary remedy allowed service appeal reed farley quoting sunal large indeed concern finality served limitation collateral attack special force respect convictions based guilty pleas timmreck case petitioner contested sentence appeal challenge validity plea failing petitioner procedurally defaulted claim presses us effort avoid conclusion petitioner contends claim falls within exception procedural default rule claims presented without factual development brief petitioner waley johnston per curiam held exception claim plea guilty coerced threats made government agent facts dehors record effect judgment open consideration review appeal id petitioner claim however differs significantly advanced waley arguing guilty plea involuntary coerced rather intelligent information provided district plea colloquy erroneous type claim fully completely addressed direct review based record created plea colloquy defendant procedurally defaulted claim failing raise direct review claim may raised habeas defendant first demonstrate either cause actual prejudice murray carrier wainwright sykes actually innocent murray smith murray petitioner offers two explanations default attempt demonstrate cause first argues legal basis claim reasonably available counsel time plea entered brief petitioner argument without merit held claim novel legal basis reasonably available counsel may constitute cause procedural default reed ross petitioner claim qualify argument error district misinform petitioner statutory elements surely novel one see henderson indeed time petitioner plea federal reporters replete cases involving challenges notion use synonymous mere possession see cooper appeal plea guilty use firearm violation cert denied petitioner also contends default excused bailey attempt attack guilty plea futile brief petitioner argument unavailing clearly stated engle isaac futility constitute cause means simply claim particular particular time id therefore petitioner unable establish cause default petitioner claim may still reviewed collateral proceeding establish constitutional error plea colloquy probably resulted conviction one actually innocent murray carrier establish actual innocence petitioner must demonstrate light evidence likely reasonable juror convicted schlup delo quoting friendly innocence irrelevant collateral attack criminal judgments chi rev district failed address petitioner actual innocence perhaps petitioner failed raise initially motion however government contend petitioner waived claim failing raise accordingly believe appropriate remand case permit petitioner attempt make showing actual innocence important note regard actual innocence means factual innocence mere legal insufficiency see sawyer whitley words government limited existing record rebut showing petitioner might make rather remand government permitted present admissible evidence petitioner guilt even evidence presented petitioner plea colloquy normally offered decision bailey cases government forgone serious charges course plea bargaining petitioner showing actual innocence must also extend charges case government maintains petitioner must demonstrate actually innocent using carrying firearm violation petitioner indictment charged using firearms violation app record evidence government elected charge petitioner carrying firearm exchange plea guilty accordingly petitioner need demonstrate use firearm term defined bailey remand petitioner make showing entitled defaulted claim unintelligent plea considered merits judgment appeals therefore reversed case remanded proceedings consistent opinion ordered kenneth eugene bousley petitioner writ certiorari appeals eighth circuit may justice scalia justice thomas joins dissenting agree petitioner demonstrated cause failing challenge validity guilty plea direct review disagree however defendant pleaded guilty given opportunity avoid consequences inexcusable procedural default courts inquire whether likely reasonable juror convicted offense pleaded guilty ante quoting schlup delo system function without rules procedure conjoined rule finality evidence introduced objections made appropriate time brought forward reopen conviction judgment rendered developed generous exceptions rule finality one permits reopening via habeas corpus petitioner shows cause excusing procedural default actual prejudice resulting alleged error frady gone even beyond generous exception certain class cases cases actually gone trial held even absence showing cause procedural default habeas corpus granted constitutional violation probably resulted conviction one actually innocent schlup delo supra internal quotation marks omitted every one cases considered possibility applying exception defendant asked habeas adjudicate successive procedurally defaulted constitutional claim conviction jury see kuhlmann wilson opinion powell murray carrier smith murray mccleskey zant sawyer whitley schlup supra good reasons limitation first foremost feasible make accurate assessment actual innocence trial schlup example said sustain actual innocence claim petitioner must show likely reasonable juror convicted light new evidence emphasis added new evidence evaluated course along old evidence consisting transcript trial habeas make determination concerning petitioner innocence light evidence including alleged illegally admitted due regard unreliability evidence tenably claimed wrongly excluded become available trial schlup supra internal quotation marks omitted opinion today makes clear ante government permitted supplement trial record additional evidence guilt begins ordinarily ends complete trial transcript rely upon determine actual innocence upon remand present case conviction based upon admission guilt presumably defendant introduce evidence perhaps nothing testimony showing use firearm committing crime pleaded guilty government eight years fact find produce witnesses saying seems remedy miscarriage justice produce one secondly given one justifications exception inexcusable default fact habeas corpus petitions advance substantial claim actual innocence extremely rare schlup supra may true enough petitions challenging jury convictions assuredly true petitions challenging voluntariness guilty pleas put voluntariness quotation marks dealing coerced confessions may indeed rare enough present case henderson morgan held neither indictment defense counsel trial explained defendant intent kill element murder plea offense involuntary plea explained voluntary sense constitute intelligent admission committed offense unless defendant receive notice true nature charge first universally recognized requirement due process quoting smith course word voluntary never used precise speakers least sense sense intelligent henderson line cases obliterate distinction involuntary confessions misinformed even uninformed confessions categories lumped together cases within rare indeed exceedingly numerous well established construes statute explaining understanding statute meant continuously since date became law rivers roadway express thus every time resolves circuit split regarding elements crime defined federal statute defendants pleaded guilty circuits losing end split confessed involuntarily advised counsel law turns even since suffice application henderson merely advised law turns indeed latter basis involuntariness mere lack real notice charge henderson supra might available even defendants pleading guilty circuits winning side split thus decision bailey generated flood habeas petitions asserting actual innocence using firearm violation term resolve circuit split meaning another element carry firearm statute see muscarello cleveland santana also resolve circuit splits requisite elements five federal criminal statutes see salinas brogan bates bryan caron undeniable fact claim actual innocence much likely available cases cases must added undeniable fact cases much numerous cases last year defendants convicted sentenced federal nearly percent pleaded guilty administrative office courts mecham judicial business courts report director factors taken account clearer premise adoption schlup miscarriage justice exception normal finality cases defendants seek invoke exception extremely rare simply true exception extended guilty pleas contrary cases extremely frequent placing upon system burden unable light fact discussed earlier remand habeas trial trial record basis make actual innocence determination disposition agreed upon today overload system makes relief available equity demands relief denied defendant pleads guilty waives right jury make requisite findings exchange lighter sentence reduced charges thus defendants plead guilty charges proventhat perhaps order avoid conviction charges actually guilty carry harsher penalty today holding defendant bank robbery person shot killed pleads guilty state offense voluntary manslaughter order avoid trial charges entitled federal habeas review contention guilty plea involuntary advised element manslaughter offense actually innocent manslaughter intent kill case excusing petitioner procedural default holding miscarriage justice evidently seeks avoid absurd consequence prescribing defendant showing actual innocence must also extend charge government forgone ante even fully satisfactory solution theory since assumes forgone charge identifiable often case bargaining occurred charge filed chargebargaining instead almost surely identifiable course practical terms solution solution avoid patent inequity government called upon refute without factual record rely upon defendant testimony innocence charge conviction testimony innocence forgone charge second even finding factual basis required federal courts see supra exist even rebuttal evidence existed bizarre waste judicial resources require charges made dusty indictments indeed identified charges never made determine whether defendant litigate procedurally defaulted challenge guilty plea different offense rube goldberg envy scheme created marvellously inspiring able boast system claim actual innocence always heard matter late brought forward matter much failure bring forward proper time defendant fault course system society unwilling devote unlimited resources repetitive criminal litigation ever actual innocence exception invoked overcome inexcusable procedural default cases decided jury seeks balance societal interests finality comity conservation scarce judicial resources individual interest justice arises extraordinary case schlup since balance struck simply obtain guilty plea context today decision logical extension schlup grave mistake reasons respectfully dissent opinion stevens patterson jurisprudence applies equally bailey cases construing patterson overrule prior decision rather held therefore established prior decisions courts appeals read cover discriminatory contract tion incorrect wrong according abstract standard interpretive validity rules necessarily govern hierarchical eral system cf brown allen jackson concurring result responsibility say statute means spoken duty courts respect understanding governing rule law judicial construction statute authoritative statement statute meant well decision case giving rise construction rivers roadway express thus petitioner advised trial judge lawyer prosecutor mere possession firearm support conviction received critically incorrect legal advice fact advisers acted reliance existing precedent mitigate impact erroneous advice consequences petitioner severe unfair sel knowingly conspired deceive order induce plead guilty crime mit cases make perfectly clear guilty plea based misinformation constitutionally invalid smith henderson morgan petitioner viction punishment charge act law make criminal room doubt circumstance cite opinion stevens exceptional circumstances justify collateral relief davis government charges petitioner procedural default challenge guilty plea direct appeal accepts argument therefore places burden petitioner demonstrate either cause prejudice actual innocence see ante yet cites authority conclusion even voluntariness intelligence guilty plea attacked collateral review first challenged direct review ante moreover primary case upon government relies timmreck actually supports contrary proposition constitutionally invalid guilty plea may set aside collateral attack whether challenged appeal several years decided timmreck held reversible error trial judge accept guilty plea without following procedures dictated rule federal rules criminal procedure mccarthy question timmreck whether error sufficiently serious support collateral attack error neither jurisdictional constitutional held collateral relief unavailable thought failure challenge constitutionality guilty plea direct appeal amounted procedural default need timmreck rely critical difference reversible error fundamental kind error corrected collateral review opinion makes clear ordinary rule violation must challenged appeal criterion collateral review mentions error must jurisdictional constitutional decisions involve guilty pleas controlling example frady two reasons dismissing claim alleging jury instructions erroneous present case first defendant failed object jury required federal rule civil procedure jury retired consider verdict comparable rule applies petitioner claim second emphasized quoting addonizio henderson kibbe prejudice defendant sufficient warrant relief plainly case respect petitioner similarly davis failure comply federal rule civil procedure required challenges composition grand jury made pretrial rule counterpart guilty plea contextcoupled absence kind prejudice present never held constitutionality guilty plea attacked collaterally unless first challenged direct review moreover facts case demonstrate holding unwise defeat purpose collateral review layman justifiably relied incorrect advice counsel deciding plead guilty crime commit ordinarily continue assume advice accurate time taking appeal injustice conviction mitigated passage time plea treated nullity conviction based plea voided record case already unambiguously demonstrates petitioner plea charge invalid matter constitutional law remand directions vacate conviction allow plead anew footnotes see carter lee barnhardt hanserd even conclude petitioner counsel unaware time petitioner plea colloquy constitutionally deficient basis claim available defense counsel perceived litigated claim demands comity finality counsel labeling alleged unawareness objection cause procedural default engle isaac justice scalia contends factual innocence inquiry unduly complicated absence trial transcript guilty plea context infra think concerns overstated federal system case arose guilty pleas must accompanied proffers recorded verbatim record demonstrating factual basis plea see fed rules crim proc believes concerns overstated federal system must satisfied factual basis plea see ante displays sad lack solicitude state courts handle overwhelming majority criminal cases even federal system factual basis requirement typically use consider factual basis guilty plea present case set forth plea agreement parties agree march defendant knowingly used firearms relation drugtrafficking offense following firearms found defendant bedroom near grams methamphetamine loaded walther pbk caliber handgun serial number loaded caliber advantage arms revolver defendant admits ownership possession two guns conduct constituted violation title code section three firearms found two briefcases containing bulk methamphetamine loaded caliber north american arms handgun serial number loaded caliber colt model semiautomatic handgun serial number unloaded ruger caliber revolver serial number defendant denies knowledge guns app course knowingly used statement presumably means knowingly used erroneous sense prompts litigation almost always situation involuntariness plea consequence subsequently clarified uncertainty law factual basis include fact hypothesis parties think irrelevant cite reed farley general proposition habeas review allowed service appeal reed inapposite however involved neither constitutional violation guilty plea reed rejected state prisoner statutory claim brought grounds prisoner neither made timely objection suffered prejudice see unwitting judicial slip kind involved ranks nonconstitutional lapses held cognizable postconviction proceeding explained hill presented question whether collateral attack predicated violation fed rule crim proc gives defendant right make statement behalf sentenced rejected claim stating failure trial ask defendant represented attorney whether anything say sentence imposed error character magnitude cognizable writ habeas corpus error neither jurisdictional constitutional fundamental defect inherently results complete miscarriage justice omission inconsistent rudimentary demands fair procedure timmreck timmreck went hold reasoning hill equally applicable formal violation rule uch violation neither constitutional jurisdictional error resul miscarriage justice proceeding rudimentary demands fair procedure respondent argue actually unaware special parole term properly advised trial judge pleaded guilty claim technical violation rule id