1. COA Standard. The COA inquiry requires courts to, among other things, conduct a general assessment of a defendant's claims. In his COA Brief to the Fifth Circuit, Mr. Hernandez supported his claims with the record, statutes, Pattern Jury Instructions, and 34 authorities. The Fifth Circuit did not state the requirement of a general assessment in its legal standard, and issued a summary denial of Mr. Hernandez's COA without issuing a reasoned opinion explaining why his claims were not debatable. Did the Fifth Circuit err in its application of the COA standard?

2. Circuit Conflict. The Fifth Circuit, relying on the D.C. Circuit, has held that attempting to aid and abet a crime is a valid offense. The Sixth, Seventh, and Ninth Circuits have held that attempted aiding and abetting does not even exist under federal law; the Second Circuit has held that there is no culpable aiding and abetting without an underlying crime committed by gome other person. Mr. Hernandez was convicted of allegedly attempting to aid and abet a government informant in a ficticious drug operation organized solely by the government. Is attempting to aid and abet a valid offense under federal law and was the law applied properly to Mr. Hernandez?

Did the Fifth Circuit err in its application of the Certificate of Appealability (COA) standard and is attempting to aid and abet a valid offense under federal law?