Bowe v. United States · ¶128

Notice, too, the hash Mr. Bowe's interpretation makes of the rest of the statute. Subparagraph (B) mandates that a certification motion “shall be determined by a three-judge panel of the court of appeals.” What would be the point of that direction if, as Mr. Bowe suggests, a prisoner could petition a court of appeals (en banc) or this Court (on certiorari) to certify a second or successive collateral attack instead? Plainly, subparagraph (E) works in tandem with subparagraph (B) to ensure that the certification decision comes from, and only from, a three-judge panel. Ignoring (E) undermines (B).

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