Whether the Petitioner's Fifth Amendment right was violated

QUESTIONS PRESENTED ; 1. Whether the Petitioner’s Fifth Amendment right was violated from the 10** Circuit’s . . application of the actual innocence & miscarriage of justice standard as a full denial of , Jacoby’s certificate of appealability (COA) and successive §2255. The 10* Circuit’s application was is in direct conflict with the 1, 2"4, 3°4, 6", 7%, and 9" Circuit standard . applied in Schlup v. Delo (S. Ct.), Riva v. Ficco (1* Circuit), Rivas v. Fischer (2"4 Circuit), Reeves v. Fayette (3 Circuit), Cleveland v. Bradshaw (6" Circuit), Gomez v. Jaimet (7" Circuit), and Griffin v. Johnson (9 Circuit) which would have granted Jacoby’s right to a ; COA and the filing of a successive §2255. ; 2. Whether the standard for assessing ineffective assistance of counsel claims, announced ; in Strickland v. Washington, 466 U.S. 688, 104 S.Ct. 2052, 80 L. Ed.2d 674 (1984), fails to protect the Sixth Amendment right to a fair trial and the Fifth Amendment right to due process when courts can deny relief following perfunctory analysis that does not account for the evidence amassed in a proceeding brought under 28 U.S.C. § 2255, as required by this Court's decision in Schiup Vv Delo, but rather relies on a trial record ; shaped by counsel's ineffective representation. i