A Case of Actual Innocence

Untied States vs Eberhart is one such case that rises from annals of American Jurisprudence like a colossus. On December 16, 1998, Charles Bolden was arrested after agents asked Nathaniel Nettles-Bey and Marcus Davis to set someone up in order to secure leniency for Nathaniel Nettles-Bey. . After his arrest, Charles Bolden contacted his attorney who immediately took him to the office of DEA Agent Daniel Foley (see transcript of Sentencing Hearing, 12/04/02) where Bolden was offered leniency in exchange for setting someone else up. Bolden gave the name of Ivan Eberhart an innocence man, which he later said was “the first name that came to my mind” . The concept of "actual innocence" is not being raised to the level of a constitutional issue by Petitioner Eberhart , but as a “gateway through which a habeas petitioner must pass to have his otherwise barred constitutional claims considered on the merits.