If your loved one is a federal prisoner trying to file a second § 2255 motion, a January 9, 2026 Supreme Court decision may help. In Bowe v. United States, the Court held that a strict rule written for state prisoners does not apply to federal prisoners' successive § 2255 motions.
Michael Bowe challenged his § 924(c) gun conviction after later cases narrowed what counts as a "crime of violence." The Eleventh Circuit refused to let him file a second motion. It relied on 28 U.S.C. § 2244(b)(1), which bars state prisoners from raising the same claim twice.
The Supreme Court made two rulings:
- It can review the case. The certiorari bar in § 2244(b)(3)(E) does not apply to federal prisoners.
- The repeat-claim bar does not apply. Section 2244(b)(1) does not cover successive motions under § 2255(h).
The Court vacated the decision. It sent the case back so the Eleventh Circuit could decide, under the correct standard, whether Bowe may file.
What this means for you and your family
A federal prisoner who was turned away from filing a second § 2255 motion only because the claim had been raised before may want that decision reviewed. The other limits still apply. A successive motion still needs either a new, retroactive rule of constitutional law from the Supreme Court or strong new evidence. The court of appeals must also approve it first.
Your next step
Gather any prior § 2255 orders and court of appeals denials, with dates. Request a consultation to talk about your case.
Source: Bowe v. United States, Supreme Court of the United States, No. 24-5438, 607 U.S. 13 (2026). Read the order or opinion