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092907P.pdf   08/12/2010  Joshua Lindsey  v.  United States
   U.S. Court of Appeals Case No:  09-2907
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Bye, Author, with Melloy and Shepherd, Circuit Judges]
   Habeas Case - procedural default. Lindsey procedurally defaulted claim
   that his prior conviction for driving under the influence of alcohol was
   not a crime of violation by failing to raise the claim in his criminal
   proceedings and on direct appeal. Lindsey cannot prove cause even
   though claim was squarely foreclosed in this circuit at the time. Actual
   innocence exception is not available to remedy error.