Bowe v. United States · ¶131

Mr. Bowe's line of argument, understandably, causes my colleagues some discomfort. Thankfully, they are unwilling to say—as Mr. Bowe does—that every court of appeals to have reached the issue has erred in holding that subparagraph (E) bars federal prisoners from seeking panel or en banc rehearing. Ante, at 32. To avoid calling those sound decisions into question, the majority pivots in a different direction. On its theory, even if subparagraph (E) bars federal prisoners from pursuing petitions for panel and en banc rehearing, the statute does not bar them from seeking certiorari.

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