Because the presiding judge once again denied Sears any relief with his 2255 filing and subsequent request for an evidentiary hearing the 3 judge Federal Circuit Court was petitioned and they granted Sears the opportunity to file  for a Certificate of Appealability. The filing is contained here and gives a clear picture of the fraud and corruption of the FBI. It also show how a judge could have placed himself in the middle of a series bad decisions. 

It is the belief of this reporter that individuals were trying very hard to cover each other to prevent the defendant from getting his day in court. His 4th amendment was and is clearly being violated. Add to this the shear incompetence of his counsel who happily took 100s of thousands of dollars for a sub par defense. The constitution guarantees us way better than this defense.

There is so much more to this case than just the Constitutional Rights violations. Read the PDF below that includes the filing and the exabits.

The following issues are addressed in the latest filing that is before the circuit court. The presiding judge has put roadblocks in the way at every filing. Because of this the case is before the circuit court for them to decide on the evidentiary hearing. 

1. THE DISTRICT COURT ABUSED ITS DISCRETION WHEN IT FAILED TO HOLD AN EVIDENTIARY HEARING ON MY§ 2255 WRIT OF HABEAS CORPUS.
2. THE DISTRICT COURT ERRED WHEN DECIDING THAT SEARS' PLEA AGREEMENT WAS NOT OBTAINED INVOLUNTARILY AS IT WAS PROCURED BY THE GOVERNMENT'S FRAUD AND PERJURY.
3. THE DISTRICT COURT WRONGLY DECIDED SEARS' CLAIM FOR INEFFECTIVE ASSISTANCE OF COUNSEL.

Here is the link to the filing with exhibits https://outinjustice.com/wp-content/uploads/2022/10/NewWJSwEx.pdf