Whether an individual must obtain a certificate of appealability to appeal the district court's choice of remedy following the grant of relief under 28 U.S.C. § 2255

QUESTION PRESENTED Under 28 U.S.C. § 2255(b), when a district court grants a motion collaterally attacking sentence, the court has the discretion to impose one of four remedies—the court can “discharge the prisoner or resentence him or grant a new trial or correct the sentence as may appear appropriate.” This case presents a circuit split over whether a § 2255 movant must obtain a certificate of appealability to appeal a district court’s choice of remedy under § 2255(b). The Eleventh Circuit has said yes; the Fourth and Sixth Circuits have said no. The question presented is: Whether an individual must obtain a certificate of appealability to appeal the district court’s choice of remedy following the grant of relief under 28 U.S.C. § 2255. i