Whether a certificate of appealability may be issued where there is a circuit split

QUESTIONS PRESENTED FOR REVIEW 1. Whether, given that there is a split in the circuits on the question, reasonable jurists could debate whether controlling circuit precedent precludes issuance of a certificate of appealability in a 28 U.S.C. § 2255 proceeding, where there is a split in the circuits on the question. 2. Whether the Court should resolve the three-way circuit split regarding whether, and under what circumstances, a movant’s procedural default may be excused because his constitutional vagueness challenge was “not reasonably available” prior to Johnson v. United States, 576 U.S. 591 (2015). 3. 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