Whether reasonable jurists would find the district court's decision to vacate Count 3 of the second superseding indictment while simultaneously denying a full resentencing hearing with petitioner being present as to Counts 1 and 2 debatable or wrong?

QUESTION PRESENTED FOR REVIEW 28 U.S.C. § 2253: (a)In a habeas corpus proceeding or a_ proceeding under section 2255 before a district judge, the final order shall be subject to review, on appeal, by the court of appeals for the circuit in which the proceeding is held. (c)(1) Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from(B) the final order in a proceeding under section 2255. (2) A certificate of appealability may issue under paragraph (1) only if the applicant has made a substantial showing of the denial of a constitutional right. (3) The certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2). In Slack v. McDaniel, 529 U.S. 473, 484 (2000), the Court stated that “[w]here a district court has rejected [a habeas petitioner’s] constitutional claims on the merits, the showing required to satisfy § 2253(c) is straightforward: The petitioner must demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong.” Quoted in Miller-El v. Cockrell, 537 U.S. 322, 338 (2003). i The Question Presented: Whether reasonable jurists would find the district court’s decision to vacate Count 3 of the second superseding indictment while simultaneously denying a full resentencing hearing with petitioner being present as to Counts 1 and 2 debatable or wrong? INTERESTED PARTIES There are no parties to the instant proceeding other than those named in the caption of the case. RELATED CASES United States v. Adolphus Symonette, (S.D. Fla. 2010) Adolphus Symonette v. United States, (S.D. Fla. 2020) Adolphus Symonette v. United States, 2021 WL 3186792 (1 1" Cir. 2021) ii