Bowe v. United States · ¶167

Finally, Mr. Bowe retreats to the position that federal prisoners must be exempt from subsection (b)(1) because AEDPA was designed to treat state prisoners more harshly than federal prisoners. But, in fact, AEDPA often treats the two groups the same, and not just when it comes to second or successive filings. To take just one example, § 2253(c) requires a prisoner to secure a “certificate of appealability” before appealing from a habeas or § 2255 loss in federal district court. State and federal prisoners alike thus must satisfy that provision's demands. See § 2253(c); cf. § 2266(a) (requiring identical treatment for certain state- and federal- prisoner filings). And it should shock no one that Congress might proceed similarly here and exhibit an intolerance for do-over claims no matter who seeks to pursue them.

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