Michael G. Bouchard v. United States

On November 30, 2012 Michael Bouchard was convicted at a jury trial of conspiracy, 18 U.S.C. § 371, to violate the false statements statute, 18 U.S.C. § 1014, with aiding and abetting, 18 U.S.C § 2(b). On February 10, 2014, after considering the trial transcripts of testimony and the post-trial motions, the trial judge from The U.S. District Court for The Northern District of New York issued a Memorandum Decision and Order which contained findings of fact and a conclusion of law that an innocent act occurred as opposed to the conspiratorial “overt act” alleged in the indictment. Despite the irrefutable proof of Bouchard’s actual innocence, the trial judge then mistakenly affirmed the erroneous conspiracy conviction. The first question presented is whether the trial evidence which proves Michael Bouchard’s actual innocence entitles him to a writ of coram nobis vacating the conspiracy conviction under Count 1 of the indictment? The second and related question presented is whether Michael Bouchard’s actual innocence serves as a gateway through which he may pass the impediment of an alleged procedural time bar?