Bowe v. United States · ¶67

Nor does §2255(h)’s cross-reference to §2244 otherwise make §2244(b)(1) applicable to second or successive motions filed by federal prisoners. Amicus, as well as the dissent, however, argues that it does. As they see it, §2255(h) incorporates §2244, including §2244(b)(3)(C). Section 2244(b)(3)(C), in turn, requires a panel to determine that “the application makes a prima facie showing that [it] satisfies the requirements of this subsection.” From here, one of the “requirements of . . . subsection” (b) is §2244(b)(1). Following this chain of cross-references where it leads, ami cus and the dissent say, §2244(b)(1) must apply to federal prisoners.

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