Earlier today the Supreme Court granted review in Bowe v. United States, No. 24-5438 (Jan. 17, 2025) (cert. granted). This case presents two important and recurring questions concerning second or successive "motions to vacate" brought by federal prisoners under 28 U.S.C. SS 2255:
Under 28 U.S.C. SS 2244(b)(1), "[a] claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed." (emphasis added).
The first question presented is: Whether 28 U.S.C. SS 2244(b)(1) applies to a claim presented in a second or successive motion to vacate under 28 U.S.C. SS 2255.
Under 28 U.S.C. SS 2244(b)(3)(E), "[t]he grant or denial of an authorization by a court of appeals to file a second or successive application shall not be appealable and shall not be the subject of a petition . . . for a writ of certiorari." (emphasis added).
The second question presented is: Whether 28 U.S.C. SS 2244(b)(3)(E) deprives this Court of certiorari jurisdiction over the grant or denial of an authorization by a court of appeals to file a second or successive motion to vacate under 28 U.S.C. SS 2255.
Attorney Andrew Adler, Assistant Federal Defender for the Office of the Federal Public Defender in the Southern District of Florida, is counsel of record for Petitioner Micahel Bowe. The certiorari stage documents are available on Supreme Court's website here.