Whether a Circuit Court can limit the authority of a district court to resentence a federal criminal defendant or correct a criminal sentence 'as may appear appropriate,' as authorized by 28 U.S.C. § 2255(b)?

QUESTION PRESENTED FOR REVIEW Federal law provides that a federal prisoner in custody under a federal sentence can move the sentencing court to set aside or correct the sentence based on a claim that “the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum allowed by law, or is otherwise subject to collateral attack.” 28 U.S.C. § 2255(a). “If the court finds .. . that there has been such a denial or infringement of the constitutional rights of the prisoner as to render the judgment vulnerable to collateral attack, the court shall vacate and set the judgment aside and shall discharge the prisoner or resentence him or grant a new trial or correct the sentence as may appear appropriate.” 28 U.S.C. § 2255(b) (emphasis added). The federal statute provides no further limitations on the district court. Yet the Eleventh Circuit has long held that where the district court grants a section 2255 motion based on a claim that an attorney was ineffective for failing to file a timely notice of appeal, a district court can only re-enter the original sentence. Thus Eleventh Circuit precedent expressly prevents a district court from exercising the authority Congress granted district courts under section 2255(b). This petition raises the following question. Question Presented: Whether a Circuit Court can limit the authority of a district court to resentence a federal criminal defendant or correct a criminal sentence “as may appear appropriate,” as authorized by 28 U.S.C. § 2255(b)? i INTERESTED PARTIES There are no