Does the actual innocence gateway to review of procedurally defaulted habeas claims apply only where new evidence shows the defendant did not commit the charged conduct, or does the doctrine also apply where precedent establishes that the defendant's conduct was not criminal?

QUESTION PRESENTED Does the actual innocence gateway to review of procedurally defaulted habeas claims apply only where new evidence shows the defendant did not commit the charged conduct, or does the doctrine also apply where precedent establishes that the defendant’s conduct was not criminal? (i)