Bowe v. United States · ¶56

Next, the Government argues that allowing appeals from a panel's certification decision to this Court is inconsistent with § 2244(b)(3)(D). Brief for United States 27–28; see also post, at 55–56. That provision, which all agree is covered by § 2255(h)'s cross-reference, imposes a 30day clock on a panel's certification decision after a litigant seeks authorization (though most Courts of Appeals view that requirement as advisory, see In re Williams, 898 F. 3d 1098, 1102, n. 5 (CA11 2018) (Wilson, J., specially concurring) (collecting cases); see also infra, at 39–40, and n. 8). When an individual seeks certiorari, on the other hand, he has 90 days from the date of decision to file a petition in this Court. This Court's Rule 13.1. The Government suggests that the 30-day limit for panel review indicates that Congress wanted the certification decision to occur quickly, and that allowing…

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