Did the Ninth Circuit err in summarily denying a certificate of appealability that would allow an appeal from an order denying a motion to vacate, set aside or correct a sentence pursuant to 28 U.S.C. § 2255 when the district court relied on an incorrect legal standard on a claim of ineffective assistance of counsel in denying the motion?

QUESTIONS PRESENTED FOR REVIEW 1. Did the Ninth Circuit err in summarily denying a certificate of appealabililty that would allow an appeal from an order denying a motion to vacate, set aside or correct a sentence pursuant to 28 U.S.C. § 2255 when the district court relied on an incorrect legal standard on a claim of ineffective assistance of counsel in denying the motion? 2. Did the Ninth Circuit err in summarily denying a certificate of appealability to appeal the district court’s order denying a motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 without an evidentiary hearing when the movant alleged that trial counsel failed to investigate mental defenses and failed to advise the movant on the significant increase in the federal sentencing guideline range if movant rejected a plea offer and proceeded to trial? 1