Bowe v. United States · ¶14

After Davis was decided in 2019, Bowe sought permission from the Eleventh Circuit to file a second or successive motion. See § 2255(h). A three-judge panel declined to authorize Bowe's motion. Although the panel acknowledged that Davis had announced a new, retroactive rule of constitutional law, which is one of two grounds on which a second or successive motion can proceed, see § 2255(h)(2), it held that Bowe could not “make a prima facie showing that his § 924(c) conviction and sentence [were] unconstitutional” because under then-prevailing Eleventh Circuit precedent, “attempted Hobbs Act robbery” still qualified as a crime of violence under the elements clause, App. 52–54.

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