Whether the Fifth Circuit's denial of a certificate of appealability for a §2255 claim of ineffective assistance of counsel is irreconcilable with controlling precedent

Whether the Fifth Circuit ’s denial of a certificate of appealability, where the district court erred or alternatively abused its discretion by denying Mr. Driver's §2255 claim that counsel was constitutionally ineffective in connection with his sentencing, on a record that did not conclusively negate the factual predicates for the claim, and where no evidentiary hearing was held, is irreconcilable with controlling precedent, such that this Court should remand to the United States Court of Appeals for the Fifth Circuit with instructions to issue a certificate of appealability? 4, -ii