Whether 28 U.S.C. § 2253(c) bars courts of appeals from exercising jurisdiction over post-conviction appeals seeking full resentencing

QUESTION PRESENTED Petitioner Arthur Seale successfully moved under 28 U.S.C. § 2255 to vacate one of his convictions on constitutional grounds. But the district court declined to conduct a full resentencing. Instead, it merely amended his criminal judgment to subtract the prison time attributable to the vacated conviction. Dr. Seale appealed from that amended criminal judgment, arguing that the district court should have resentenced him. The Third Circuit held that the certificate of appealability requirement in 28 U.S.C. § 2253(c) barred jurisdiction over Dr. Seale’s appeal. The question presented is: Can 28 U.S.C. § 2253(c) bar courts of appeals from exercising jurisdiction over cases like Dr. Seale’s?