Whether Petitioner is entitled to a Certificate of Appealability

QUESTIONS PRESENTED 1. Whether Petitioner is entitled to a Certificate of Appealability since he has made a substantial showing that he was denied Due Process under the Due Process Clause of the Constitution, because the Government did not prove beyond a reasonable doubt the elements of Falsity, Intent, Materiality, required for conviction under 18 USC 1001. 2. Whether Petitioner is entitled to a Certificate of Appealability since he has made a substantial showing that he was denied Effective Assistance of Counsel under the Sixth Amendment to the Constitution because Trial Counsel’s improper stipulation to Jury Instruction was based on arbitrary and contradictory evidence. 3. Whether Petitioner’s 2255 Motion presents an exception to the Law of the Case Doctrine because the conviction is clearly erroneous and its enforcement would work a manifest injustice. ii