OPINION _________________________ SUTTON, Chief Judge. After being indicted for violating one or more criminal laws, a
defendant may plead guilty to some of the charges for all manner of reasons, including a
commitment by the government to drop other charges or to recommend a shorter sentence.
Criminal Rule 11 establishes a highly reticulated process to ensure that each defendant enters any
such agreement knowingly and voluntarily. The courts do not lightly undo such bargains.
Absent a mistake in the Rule 11 process or a preserved constitutional violation with respect to
the plea-bargaining process, a post-conviction claimant has few options for relief other than
executive-branch clemency. One narrow exception is that he may raise a claim of “actual
innocence” to an offense covered by the guilty plea, say because subsequent caselaw establishes
that the charge no longer amounts to a criminal offense. To obtain relief under this exception,
however, the claimant must demonstrate his “actual innocence” of any “more serious” charges
that the government dismissed as part of the plea deal. Bousley v. United States, 523 U.S. 614,
624 (1998). |