Whether the district court's failure to construe Mr. Roundtree's pro se motion for specific performance as a motion to vacate under 28 U.S.C. §2255 constitutes an 'extraordinary circumstance' that warrants equitable tolling

QUESTION PRESENTED 1. Whether the district court's failure to construe Mr. Roundtree's pro se motion for specific performance as a motion to vacate under 28 U.S.C. §2255 consistent with the holding of at least three Circuits which directly resulted in both the denial of that motion as unauthorized and the appellate court . affirmance of that denial, and rendered Mr. Roundtree's initial §2255 motion, filed two days after the appellate court's affirmance, untimely, constitutes an "extraordinary circumstance" that warrants equitable tolling, where Mr. Roundtree has exhibited the requisite diligence. : 2. Ineffective assistance counseling, failing to file notice to appeal after sentence when asked to do by defendant and stated by the court several times. Flores Ortega 528 U. S. 470 Feb 22, 2000 a 5th amendment violation. . Government violate due process asking for a harsher sentence at sentencing. 6 : amendment violations, Santobello V. New York 1991 404 U.S. 257, Kernan . Cuero 199 LED 236 U. S. Nov 6, 2017. ; | ‘ ve . . + ii;