Bowe v. United States · ¶125

Even when it comes to federal prisoners, Mr. Bowe cedes much ground. He admits that § 2255(h) subjects federal prisoners to the same rules that apply to state prisoners in §§ 2244(b)(3)(A), (B), (C), and (D). Brief for Petitioner 32. He concedes, too, that every court of appeals to consider the issue has held that subparagraph (E) also applies to federal prisoners. Tr. of Oral Arg. 15. Still, Mr. Bowe insists, he's discovered something all those courts (and this one) have missed for the past 30 years: Subparagraph (E)—and it alone—doesn't apply to federal prisoners.

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