Bowe v. United States · ¶118

That commonsense conclusion finds unanimous support in the courts of appeals. Just as § 2244(b)(3)(E) bars certiorari petitions, it also bars petitions for panel or en banc rehearing. Since AEDPA's adoption in 1996, a great many federal prisoners have sought rehearing on the theory that this rule applies only to state prisoners, not them. Yet every circuit to consider that approach has rejected it, recognizing instead that subparagraph (E) applies to federal prisoners no less than their state counterparts, and thus prohibits them from petitioning for panel or en banc rehearing. See, e. g., In re Clark, 837 F. 3d 1080, 1082–1083 (CA10 2016) (collecting cases); In re Baptiste, 828 F. 3d 1337, 1340 (CA11 2016); Págan-San Miguel v. United States, 736 F. 3d 44, 46, n. 1 (CA1 2013) (per curiam); In re Sonshine, 132 F. 3d 1133, 1134 (CA6 1997).

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.