Sean David Pickett v. United States
1. Does the Eleventh Circuit have jurisdiction to deny a certificate of appealability based on the Eleventh Circuit's determination that the petitioner cannot prevail on the merits of the underlying substantive claim?
2. This Court's decisions provide that a claim sounding in a miscarriage of justice overrides any non-jurisdictional impediment to a merit's determination. Does Rule 60 (b) permit relief from a § 2255 judgment when no other procedure exists to permit a merits review of a claim of actual innocence?
Does the Eleventh Circuit have jurisdiction to deny a certificate of appealability based on the Eleventh Circuit's determination that the petitioner cannot prevail on the merits of the underlying substantive claim?