Whether a petitioner has satisfied the third element of Section 2513(a) when he did not engage in misconduct or neglect that proximately caused his prosecution

Under Section 2513(a) of Title 28 of the United States Code, a petitioner must obtain a certificate of innocence before he may seek damages from the federal government for his unjust conviction and incarceration. There are three requirements for obtainin g such a certificate. The first two elements of Sectio n 2513(a) require the petitioner to show that he is actually innocent of the charged offense and that any charged conduct he committed did not amount to an unindicted crime. The third element requires the petitioner to show that “he did not by misconduct or neglect cause or brin g about his own prosecution.” The question presented is: Whether a petitioner has sati sfied the third element of Section 2513(a) when he did no t engage in misconduct or neglect that proximately caused his prosecution. (II)