Larry Junior Copeland, aka La-La v. United States
HabeasCorpus
Should the Court of Appeals have granted a certificate of appealability on whether district court abused its discretion?
QUESTION(S) PRESENTED QUESTION 1 This Court holds that when a habeas petitioner alleges facts that are outside the courtroom, and if proven, those facts entitle a petitioner to relief, then the district court must permit evidentiary proceedings. Mr. Copeland's allegations involve out-of-court, off-record facts that the government admits—— | show his sentence is three time greater than necessary. Yet, the district court did not conduct an evidentiary hearing. Should the Court of Appeals have granted , . a certificate of appealability on whether district court abused its discretion? QUESTION 2 The district court concluded that "Copeland's Fair Sentencing Act" claims were "not raised on direct appeal. The general rule of procedural default bars Copeland from presenting the claims under § 2255," Congress enacted the First Step Act that expressly provides for the Fair Sentencing Act to apply . retroactively. Does the enactment of a statute override : the procedural default doctrine?