Whether an attorney's advice to a defendant to plead guilty to aiding and abetting the carry, use and possession of a firearm in furtherance of a crime, when the defendant has plead guilty to drug conspiracy charges, and assuming counsel knew that the defendant was unarmed and had no way of knowing if the daily drugs buyers possessed a firearm, may have been improper based upon this Honorable Court's decision in Justus C. Rosemond, 572 U.S. 65, 134 S.Ct. 1200; 188 L.Ed. 2d 248 U.S. LEXIS (2009); and whether such advice constituted ineffective assistance of counsel, under Washington v. Strickland, 466 U.S. 608 (1989), and Hill v. Lockhart, 474 U.S. 52, 106, 306 (1985). If either question can be answered in the affirmative, the Circuit Court's denial of a Certificate of Appealability may constitute a violation of the Fifth Amendment's due process clause and the Sixth Amendment's right to effective assistance of counsel.

Whether an attorney's advice to a defendant to plead guilty to aiding and abetting the carry, use and possession of a firearm in furtherance of a crime may have been improper