Eric Sijohn Brown v. United States
HabeasCorpus
Does the Third Circuit Court Of Appeals decision contravene Buck v. Davis
No question identified. : oe QUESTION: PRESENTED ( 1 ) Does the Third Circuit Court Of Appeals decision ; contrevene Buck v. Davis,85 U.S.L.W. 4037,2017 BL 54115 (U.S.2/22/17) because the 3rd Circuit in denying a certificate of appealability motion, decided the merits of petitioner's §2255 claim and petitioners . ‘ certificate of service attached to the plea agreement was issued without any signatures ? : . c . ( 1a ) Buck held that an appeals court's statutory .. juridiction to grant or deny a certificate of appealability under 28 U.S.C. § 2255 isn't coextensive with a merits analysis. ( 1b. ) Brown pursued a habeas claim, arguing that his | attorney was ineffective. The district court rejected that claim, and ; the U.S.C. of Appeals for the 3rd Circuit refused to grant a C.0.A. because Brown failed to show "extraordinary circumstances" warranting relief. ( iv. )/