Bowe v. United States · ¶165

Third, Mr. Bowe replies that there's something else special about subsection (b)(1). Unlike §§ 2244(b)(3)(A) through (D), he says, subsection (b)(1) doesn't just speak of “applications,” but “application[s] under section 2254.” (Emphasis added.) And that more specific reference, Mr. Bowe insists, means subsection (b)(1) cannot apply to federal prisoners proceeding under § 2255. But this argument doesn't move the needle either. If (as it must be and as no one seriously disputes) the term “application” in § 2244 is best read as embracing a federal § 2255 “motion,” then the phrase “application under section 2254” in § 2244 should likewise be understood to embrace a “motion under section 2255.”

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