Whether a certificate of appealability (COA) should have been granted to consider whether a federal prisoner's failure to file a timely amended 2255 motion is excused, where counsel was not appointed until after the statute of limitations had run and where the federal procedural framework, by reason of its design and operation, makes it highly unlikely in a typical case that a defendant will have a meaningful opportunity to raise a claim of ineffective assistance of trial counsel on direct appeal

QUESTION PRESENTED Whether a certificate of appealability (COA) should have been granted to consider whether a federal prisoner’s failure to file a timely amended 2255 motion is excused, where counsel was not appointed until after the statute of limitations had run and where the federal procedural framework, by reason of its design and operation, makes it highly unlikely in a typical case that a defendant will have a meaningful opportunity to raise a claim of ineffective assistance of trial counsel on direct appeal. i