Royce Wade Lander v. United States
HabeasCorpus
Whether the Order of the United States Court of Appeals for the Fifth Circuit holding that Petitioner failed to make the threshold showing for a certificate of appealability conflicts with this Court's precedent
QUESTION PRESENTED I. This Court has held a certificate of appealability (“COA”) should issue where the petitioner has made a threshold showing that jurists of reason could disagree with the district court’s holding or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further. Accordingly, the issue presented is whether the Order of the United States Court of Appeals for the Fifth Circuit holding that Petitioner failed to make this threshold showing and refusing to grant a COA as to the District Court’s denial of Petitioner’s Motion for Reconsideration of the District Court’s April 14, 2023 denial of his Motion to Vacate, Set Aside, or Correct a Sentence Under 28 U.S.C. § 2255 conflicts with this Court’s precedent?