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. 5–19. (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. 5–8. (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 to…

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