Bowe v. United States · ¶127
It may be a wonderfully convenient theory for Mr. Bowe, but no court has adopted it for good reason. Just look again at the block quotation of statutory text above. Each and every one of § 2244(b)(3)'s subparagraphs “provide[s]” for how a second or successive collateral attack “must be certified” by a “panel of the appropriate court of appeals.” § 2255(h). Subparagraph (A) routes the certification decision to a court of appeals. Subparagraph (B) directs that the decision must be made by a three-judge panel. Subparagraph (C) sets forth the standard the panel must use when deciding whether to certify. Subparagraph (D) specifes the timing for a decision. And subparagraph (E) provides that panel certification is the exclusive avenue for certification decisions (without foreclosing the panel from asking this Court, via § 1254(2), for “instructions” on “question[s] of law” along the way).…Read in context ›
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