I. Whether Petitioner is entitled to a Certificate of
Appealability (COA) from the Court of Appeals
for the Ninth Circuit by his showing that
reasonable jurists have read Apprendi, infra ,
and Jones, infra , as limiting prior convictions for
judicial enhancement where the safeguard of a
jury trial was available.

II. Whether the merits of Petitioner's constitutional
claim (which has and will affect many other
defendants) is " . . . adequate to deserve
encouragement to proceed further." Buck, infra ;
Miller-El, infra; Slack, infra .

Whether Petitioner is entitled to a Certificate of Appealability (COA)