Bowe v. United States · ¶31

“A second or successive motion must be certified as provided in section 2244 by a panel of the appropriate court of appeals to contain— “(1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or “(2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.” Unlike the provisions governing authorization decisions for state prisoners, §2255(h) does not mention this Court’s certiorari jurisdiction, let alone purport to limit it. Nor does §2244(b)(3)(E) readily apply to federal prisoners on its face: Section 2244, overall, imposes several strict requirements that apply only to state prisoners with the aim of facilitating finality,…

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