had conferral rights that the government violated is justiciable and should be decided for the reasons outlined above. 2 See also Hamm v. Comm'r, Ala. Dept of Corr.. 620 F. App'x 752. 782 (11th Cir. 2015) ("[W]e conclude that [the petitioners] Brady claim here is procedurally defaulted and that a merits