Freddy Crespo v. United States
HabeasCorpus Securities
Whether the Eleventh Circuit's rule on certificates of appealability conflicts with Supreme Court precedent
QUESTIONS PRESENTED FOR REVIEW 1. Whether the Eleventh Circuit’s rule that a certificate of appealability cannot be granted where an issue is foreclosed by circuit precedent conflicts with Miller-El v. Cockrell, 537 U.S. 322 (2008), and Buck v. Davis, 580 U.S. ___, 187 S. Ct. 759 (2017), as well as decisions of the Third, Sixth, and Ninth Circuits holding that a split in the circuits warrants a COA. 2. Whether a general verdict that was obtained in reliance on the unconstitutionally vague residual clause in 18 U.S.C. § 924(c)(3)(B) may be sustained based on the reviewing court’s finding that the jury also relied on a valid basis to convict. i INTERESTED PARTIES Petitioner submits that there are no