Gabriel Cardona-Ramirez v. United States
HabeasCorpus
Whether a district court has authority to raise a collateral-appeal-waiver sua sponte
QUESTIONS PRESENTED FOR REVIEW CIRCUIT CONFLICT(split) :WHETHER a district court in a Section 2255 proceeding has the authority to raise a collateral-appeal waiver defense sua _ sponte prior to,or without,informing the parties of the court's intent? WHETHER a collaterall-appeall waiver provision in a plea agreement may be nullified wHere in a froceeding the district court allows for what the waiver prevents and where the government (hereinafter "govt(s)")fails to object to the court's express instruction in the same proceeding?. . WHETHER under the p#esent case circumstances the issue of waiver is debatable in light of this Court's ruling in the above“ presented questions thus entitling the Petitioner to a Certificate Of