Does the Eleventh Circuit have jurisdiction to deny a certificate of appealability based on the Eleventh Circuit's determination that the petitioner cannot prevail on the merits of the underlying substantive claim?

QUESTIONS PRESENTED 1. Does the Eleventh Circuit have jurisdiction to deny a certificate of appealability based on the Eleventh Circuit’s determination that the petitioner cannot prevail on the merits of the underlying substantive claim? 2. This Court’s decisions provide that a claim sounding in a miscarriage of justice overrides any non-jurisdictional impediment to a merit’s determination. Does Rule 60 (b) permit relief from a § 2255 judgment when no other procedure exists to permit a merits review of a claim of actual innocence? ii