203371P.pdf   11/22/2021  Garfield Feather  v.  United States
   U.S. Court of Appeals Case No:  20-3371
   U.S. District Court for the District of South Dakota - Southern   
   [PUBLISHED] [Loken, Author, with Smith, Chief Judge, and Wollman, Circuit 
   Judge] 
   Prisoner case - Habeas. For background on the case, see Rouse v. U.S., 14 
   F.4th 795 (8th Cir. 2021). Assuming without deciding that the government's 
   use of false or discredited scientific evidence could violate a criminal 
   defendant's right to due process, the district court did not err in 
   concluding that Feather failed to prove that his trial and conviction were 
   fundamentally unfair; the court need not decide whether a freestanding 
   actual innocence claim is cognizable because Feather's newly discovered 
   victim recantations, medical science evidence and juror bias evidence do 
   not meet the extraordinarily high burden of proving actual innocence; the 
   district court correctly determined that Feather's claim of racial bias in 
   the jury was untimely under Sec. 225(f)(1); even if it was not 
   time-barred, it would fail on the merits - see Rouse, 14 F.4th at 802; the 
   district court did not err in denying Feather's claims without an 
   evidentiary hearing.