BOWE v. UNITED STATES

January 21
16 mins

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1. The Court has jurisdiction because §2244(b)(3)(E) does not bar this Court’s review of a federal prisoner’s request to file a second or successive §2255 motion.  Pp. 5–19. (a) Section 2244(b)(3)(E) provides that the denial of authorization “to file a second or successive application” shall not be the subject of a certiorari petition.  That provision does not apply to federal prisoners. It is housed within §2244, which imposes several strict requirements that apply only to state prisoners.

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