Bowe v. United States · ¶119

Our own precedent carries the same message. In Castro v. United States, 540 U. S. 375 (2003), the government argued that subparagraph (E) precluded this Court from considering a federal prisoner's challenge to an appellate panel decision denying him leave to file a second or successive attack. At the same time, the government contended, the terms of subparagraph (E) leave it free to challenge many appellate panel decisions granting a federal prisoner permission to proceed. Id., at 380–381. The Court rejected both submissions. First, after conducting a painstakingly detailed analysis of the filing history of the particular prisoner before it, the Court concluded that his challenge was not in fact second or successive. So subparagraph (E)—which applies only to second or successive challenges—simply was not implicated in the case at hand. See id., at 379–380. Second, the Court rejected the…

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