Bowe v. United States · ¶2

Held: 1. The Court has jurisdiction because § 2244(b)(3)(E) does not bar this Court's review of a federal prisoner's request to file a second or successive § 2255 motion. Pp. 22–36. (a) Section 2244(b)(3)(E) provides that the denial of authorization “to file a second or successive application” shall not be the subject of a certiorari petition. That provision does not apply to federal prisoners. It is housed within § 2244, which imposes several strict requirements that apply only to state prisoners. It also speaks only to a “second or successive application,” § 2244(b)(3)(E), but unlike state prisoners who file such “applications,” federal prisoners file “motions,” see § 2255(e). Pp. 22–24. (b) The Government contends that § 2255(h)'s cross-reference to § 2244—providing that a successive motion must be “certified as provided in section 2244 by a panel of the appropriate court of appeals…

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