Bowe v. United States · ¶69

Nor does § 2255(h)'s cross-reference to § 2244 otherwise make § 2244(b)(1) applicable to second or successive motions fled 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] satisfes 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, amicus and the dissent say, § 2244(b)(1) must apply to federal prisoners.

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