Whether there exist a conflict between the decision of the United States Court of Appeals for the Third Circuit in this case and the unanimous decision of all circuit courts of appeal on the same issue

QUESTIONS PRESENTED 7 1. WHETHER THERE EXIST A CONFLICT BETWEEN THE DECISION OF THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT IN THIS _ CASE AND: THE UNANIMOUS DECISION OF ALL CIRCUIT ‘COURTS OF : APPEAL (INCLUDING THE THIRD CIRCUIT ITSELF) ON THE ‘SAME ISSUE. 2. WHETHER THE EXTRAORDINARY CIRCUMSTANCES IN THIS CASE RESULT IN THE UNCONSTITUTIONAL "SUSPENSION OF THE WRIT" OF HABEAS . CORPUS AND VIOLATION OF THE DUE PROCESS CLAUSE OF THE FIFTH . AMENDMENT WHICH ARE OF UTMOST IMPORTANCE TO ALL "PRO SE" HABEAS PETITIONERS SIMILARLY SITUATED AS WELL AS THE PUBLIC. 3. WHETHER EXTRAORDINARY CIRCUMSTANCES EXIST TO’ SHOW THAT THE HABEAS REMEDY UNDER 28 U.S.C. SECTION 2255 IS "INADEQUATE OR INEFFECTIVE" TO TEST THE LEGALITY OF DETENTION WHEN THERE EXIST A "FUNDAMENTAL" JURISDICTIONAL DEFECT IN THE INDICTMENT BECAUSE IT FAILS TO STATE A CRIME COUPLED WITH THE REPEATED PROCEDURAL “PLAIN ERRORS" OF THE SENTENCING DISTRICT COURT IN VIOLATION OF SUPREME COURT AUTHORITY IN CASTRO v. UNITED STATES, 540 U.S. 375, 124 S.Ct. 786 (2003)(ESPECIALLY WHEN THAT COURT . . WAS WITHOUT JURISDICTION TO IMPOSE A JUDGMENT OF CONVICTION AND SENTENCE). 4, WHETHER THE SECTION 2255 REMEDY WOULD BE "INADEQUATE OR . INEFFECTIVE" T0 TEST THE LEGALITY OF DETENTION UNDER THE AFORESAID EXTRAORDINARY CIRCUMSTANCES WHEN THESE CIRCUMSTANCES RAISE SERIOUS DUE PROCESS QUESTIONS CONCERNING CONGRESS" INTENT TO CLOSE OFF ALL AVENUES OF REDRESS IN ITS ENACTMENT OF AEDPA ot ESPECIALLY WHEN THE PRISONER IS PRECLUDED FROM RAISING HIS 4 -i, ; CLAIM OF ACTUAL INNOCENCE IN A SINGLE SECTION 2255 OR 2241 MOTION--WHICH APPEARS ON THE RECORD--IN AN EFFECTIVE FASHION . AT AN EARLIER TIME. . 5. WHETHER THE PHRASE “INADEQUATE OR INEFFECTIVE" SHOULD BE ; , ' RESTRICTED TO INCLUDE ONLY THOSE INSTANCES INVOLVING AN “INTERVENING CHANGE IN SUBSTANTIVE LAW" (MADE RETROACTIVE BY THE SUPREME COURT) WHICH MAKES CRIMINAL CONDUCT ALLEGED IN THE INDICTMENT NON-CRIMINAL AND THEREBY PRESERVING ACCESS TO THE "SAVINGS CLAUSE" INCSECTION 2255 UNDER SECTION 2241. : -ii: