Cite as: 523 U. S. 538 (1998)
Opinion of the Court
Like other standards applicable in habeas cases, moreover, the miscarriage of justice standard is objective in content, "[w]ell defined in the case law," and "familiar to federal courts." McCleskey, 499 U. S., at 496. It is indeed the standard the Ninth Circuit determined to apply in voting to consider en banc whether to recall the mandate in Thompson's case. See App. 194 (Order of July 30, 1997) ("The full court has voted to consider whether to recall the mandate to consider whether the panel decision of our court would result in a fundamental miscarriage of justice"). Hence the standard is not only a just but also " 'a sound and workable means of channeling the discretion of federal habeas courts.' " McCleskey, supra, at 496 (quoting Murray v. Carrier, supra, at 497).
We now determine whether this standard was met in Thompson's case.
C
"[T]he miscarriage of justice exception is concerned with actual as compared to legal innocence." Sawyer, 505 U. S., at 339. We have often emphasized "the narrow scope" of the exception. Id., at 340; accord, Harris v. Reed, 489 U. S. 255, 271 (1989) (O'Connor, J., concurring) ("narrow exception" for the " 'extraordinary case' "). "To be credible," a claim of actual innocence must be based on reliable evidence not presented at trial. Schlup v. Delo, 513 U. S. 298, 324 (1995). Given the rarity of such evidence, "in virtually every case, the allegation of actual innocence has been summarily rejected." Ibid. (internal quotation marks omitted).
Although demanding in all cases, the precise scope of the miscarriage of justice exception depends on the nature of the challenge brought by the habeas petitioner. If the petitioner asserts his actual innocence of the underlying crime, he must show "it is more likely than not that no reasonable juror would have convicted him in light of the new evidence" presented in his habeas petition. Id., at 327. If, on the other hand, a capital petitioner challenges his death sentence
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