Whether the Eleventh Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion by denying Mr. Tartabull's §2255 motion without holding an evidentiary hearing, is irreconcilable with controlling precedent

QUESTION PRESENTED Whether the Eleventh Circuit’s denial of a certificate of appealability, where the district court erred or alternatively abused its discretion by denying Mr. Tartabull's §2255 motion without holding an evidentiary hearing because his entitlement to relief on his claim of ineffective assistance of counsel was not conclusively refuted and the live testimony of Mr. Tartabull, his former counsel, Denis Gonzalez, and another attorney who was a witness to Gonzalez’s deficient performance, Joaquin , Perez, was integral to the accurate assessment of the merits of Mr. Tartabull's claim, is irreconcilable with controlling precedent, such that this Court should remand to the United States Court of Appeals for the Eleventh Circuit with instructions to issue a certificate of appealability? “it |