Bowe v. United States · ¶43

Section 2255(h)’s cross-reference does not provide the clear indication required to bar this Court’s review. The language of the cross-reference is both narrow and specific. It says that a second or successive §2255 motion “must be certified as provided in section 2244 by a panel of the appropriate court of appeals to contain” one of two threshold content requirements. (The text of the cross-reference does not end at “‘certified as provided in section 2244,’” as the dissent would have it. See post, at 5, 8, 10–11.) The cross- reference thus appears to incorporate only the provisions in §2244 that “provid[e]” for how a “panel of the appropriate court of appeals” “certifie[s]” a second or successive filing and directs that those procedures be used to evaluate whether the filing “contain[s]” the content requirements listed in §2255(h). Section 2244(b)(3)(E) is not one of those provisions,…

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