1. Whether the Petitioner's Fifth Amendment right was violated from the 10th Circuit's application of the actual innocence & miscarriage of justice standard as a full denial of Jacoby's certificate of appealability (COA) and successive §2255. The 10th Circuit's application was is in direct conflict with the 1st, 2nd, 3rd, 6th, 7th, and 9th Circuit standard applied in Schlup v. Delo (S. Ct.), Riva v. Ficco (1st Circuit), Rivas v. Fischer (2nd Circuit), Reeves v. Fayette (3rd Circuit), Cleveland v. Bradshaw (6th Circuit), Gomez v. Jaimet (7th Circuit), and Griffin v. Johnson (9th Circuit) which would have granted Jacoby's right to a COA and the filing of a successive §2255.

2. Whether the standard for assessing ineffective assistance of counsel claims, announced in Strickland v. Washington, 466 U.S. 688,104 S.Ct. 2052,80 L. Ed.2d 674 (1984), fails to protect the Sixth Amendment right to a fair trial and the Fifth Amendment right to due process when courts can deny relief following perfunctory analysis that does not account for the evidence amassed in a proceeding brought under 28 U.S.C. § 2255, as required by this Court's decision in Schlup v. Delo, but rather relies on a trial record shaped by counsel's ineffective representation.

Whether the Petitioner's Fifth Amendment right was violated