United States v. Kevin Brewer

United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-1286 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Kevin Lamont Brewer

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Arkansas - Hot Springs ____________

Submitted: July 8, 2021 Filed: July 13, 2021 [Unpublished] ____________

Before SHEPHERD, GRASZ, and STRAS, Circuit Judges. ____________

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. ______________________________

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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