Does the actual innocence exception apply to a noncapital sentence?

QUESTION PRESENTED Petitioner Chad Caldwell was sentenced to 272 months in prison based on the district court’s conclusion that he was a career offender under USSG §4B1.2. At the time, the guidelines were mandatory, and this was the minimum sentence the court was allowed to give. Years later, he moved to vacate his sentence under 28 U.S.C. § 2255, arguing that he was wrongly sentenced as a career offender. He claimed that the late filing should be excused because he was actually innocent of the mandatory sentencing enhancement he was challenging. The Tenth Circuit held that this exception did not apply because an offender “cannot be actually innocent of a noncapital sentence.” The majority of circuits have taken a contrary view. This court should grant certiorari to resolve the circuit split on this question: Does the actual innocence exception apply to a noncapital sentence? i