Gabriel Cardona-Ramirez v. United States
CIRCUIT CONFLICT(split)rWHETHER a district court in a Section 2255 proceeding has the authority to raise a collateral-appeal waiver defense sua sponte prior to,or without/informing the parties of the court's intent?
WHETHER a collateral-appeal! waiver provision in a plea agreement may be nullified wliere in a Proceeding the district court allows for what the waiver prevents and where the government (hereinafter "govt(s)")fails to object to the court's express instruction in the same proceeding?.
WHETHER under the present case circumstances the issue of waiver is debatable in light of this Court's ruling in the above- presented questions thus entitling the Petitioner to a Certificate Of Appealability ("COA")
Whether a district court has authority to raise a collateral-appeal-waiver sua sponte