United States v. Defendant-Appellant‪.‬

Kimler requests a COA for issues the district court deemed unworthy of collateral review. We first turn to the question of when a circuit judge may grant a COA upon issues denied certification by the district court. Reading Fed. R. App. P. 22(b) with 28 U.S.C. § 2253(c)(3), we conclude that a notice of appeal is not a constructive request for review of issues refused certification by the district court where the district court certified some but not all issues. Rather, we will not review a denial of a COA in such circumstances unless petitioner requests that we do so.