Bowe v. United States · ¶68

The reasoning why this Court has jurisdiction also shows the error in this position. See supra, at 12–14. Section 2255(h)’s cross-reference incorporates the procedures in §2244 only as they relate to how a panel certifies a second or successive filing. It then tells the panel to use those procedures to evaluate whether the federal prisoner’s second or successive motion “contain[s]” either newly discovered evidence, §2255(h)(1), or a new rule of constitutional law, §2255(h)(2). Nothing in §2255(h) suggests that it incorporates §2244 for any other purposes. Thus, by its terms, §2255(h)’s cross-reference does not incorporate the content requirements contained in §2244, like §2244(b)(1)’s old- claim bar.

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