Whether a Rule 60(b)(3) Motion for Fraud on the Court overcomes a Second and Successive Ruling Pursuant to the dictates & Supreme Court Precedent set forth in Gonzalez v. Crosby, 545 U.S. 524, 538 (2003), as well as a Circuit Court's own Precedent set forth in Gonzalez v. Sec'y for the Dept. of Corrections, 3b F.3d [as [26a 1228 (11th Cir. 2004) and if So,
Should the cause be remanded back to the Lower Courts So that the Precedents be applied to the review of the Rule 60(b)(3) Motion and Fraud on the Court during the § 2255 proceedings?
II. Whether the Eleventh Circuit is bound to apply its Own precedent of Rozier v. Ford Motor Co., 573 F.2d 1232, 1238 (5th Cir. 1978) to the review of a denial of a Rule 60(b) motion from the District Court?
III. Whether the Supreme Court has the inherent Power to do a Summary remand back to the Lower Court So that may apply their own Precedent in determining the merits of the Rule 60(b)(3) Motion?
Whether a Rule 60(b)(3) Motion for Fraud on the Court overcomes a Second and Successive Ruling Pursuant to the dictates of Supreme Court Precedent set forth in Gonzalez v. Crosby, 545 U.S. 524 (2005), as well as a Circuit Court's own Precedent set in Porter v. Sec'y for the Dept. of Corrections, 814 F.3d 1963 (11th Cir. 1978), and if So, Should the cause be remanded back to the Lower Court's so that the Precedents can be applied to the review of the Rule 60(b)(3) Motion alleging Fraud on the Court during the § 2255 proceedings