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Bowe v. United States

No. 24-5438 · October Term 2025 · Criminal Procedure · decided January 9, 2026

questions presented (PDF) · docket · Oyez

73%chance Bowe (petitioner) wins · a likely call

Decided: Bowe won 5-4. The model was right.

Expected vote 6–3 for Bowe. Chance of a unanimous ruling 43%. FantasySCOTUS crowd: 61% Bowe.

The case

Michael Bowe is challenging his firearm conviction, arguing that changes in Supreme Court precedent mean his underlying crimes no longer qualify as "crimes of violence." The Eleventh Circuit denied his attempts to file additional challenges, stating it lacked jurisdiction because he was raising claims already presented. The Supreme Court must decide whether restrictions on second or successive habeas corpus applications apply to motions to vacate, and whether it has certiorari jurisdiction over a court of appeals' decision to grant or deny authorization for such motions.

  • Whether 28 U.S.C. § 2244(b)(1), which requires dismissal of claims presented in a second or successive habeas corpus application that were presented in a prior application, also applies to claims in a second or successive motion to vacate under 28 U.S.C. § 2255.
  • Whether 28 U.S.C. § 2244(b)(3)(E), which states that the grant or denial of authorization to file a second or successive application is not appealable and cannot be the subject of a writ of certiorari, deprives the Supreme Court of jurisdiction over such decisions concerning motions to vacate under 28 U.S.C. § 2255.

AI brief written by gemini-2.5-flash from the questions presented and the Oyez facts on 2026-10-02. Commentary only; it is not an input to the model.

Parties
Petitioner: Michael Bowe, Petitioner
Respondent: United States
Below
United States Court of Appeals for the Eleventh Circuit · June 27, 2024
CA 11 ORDER 6/27/2024 KASDIN M. MITCHELL, ESQUIRE, OF DALLAS, TEXAS, IS INVITED TO BRIEF AND ARGUE THIS CASE, AS AMICUS CURIAE, IN SUPPORT OF THE JUDGMENT BELOW AS TO QUESTION 1 PRESENTED BY THE PETITION FOR A WRIT OF CERTIORARI. · ruling coded conservative · cert. granted 1/17/2025
Question presented, as filed

Under 28 U.S.C. § 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. § 2244(b)(1) applies to a claim presented in a second or successive motion to vacate under 28 U.S.C. § 2255. * * * Under 28 U.S.C. § 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. § 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. § 2255.

Facts of the case (Oyez)

In 2008, Michael Bowe was charged with conspiracy to commit Hobbs Act robbery, attempted Hobbs Act robbery, and using a firearm during a crime of violence. He pleaded guilty in 2009 and received a 288-month sentence, which included a mandatory consecutive 120-month term for the firearm conviction under 18 U.S.C. § 924(c). Starting in 2016, Bowe made multiple attempts to challenge his § 924(c) conviction through a series of motions and applications, arguing that changes in Supreme Court precedent (particularly Johnson v. United States and United States v. Davis) meant that his underlying crimes no longer qualified as “crimes of violence” that could support the firearm conviction. The district court initially denied Bowe’s first § 2255 motion in 2016, finding that attempted Hobbs Act robbery still qualified as a crime of violence. The U.S. Court of Appeals for the Eleventh Circuit then denied several subsequent applications from Bowe to file additional challenges, ultimately concluding in that it lacked jurisdiction to consider his latest application because he was attempting to raise the same claim he had already presented in previous applications.

The nine

Each justice's predicted vote and the record behind it: how often they have voted for the petitioner overall, in Criminal Procedure cases, and when the lower court ruled conservative; and, once argued, how many questions they put to each side (the side a justice questions more tends to lose their vote). The note under each row is the AI brief's reading, commentary rather than model input.

JusticePredictedOverallThis issueLower court conservativeAt argumentVoted
John G. Roberts
Republican appointee · since OT2005

Chief Justice Roberts often emphasizes statutory text and the Court's institutional role. His approach to statutory interpretation, particularly concerning jurisdictional limits, will be key in determining the scope of Sections 2244(b)(1) and 2244(b)(3)(E).

66% Bowe68%
for the petitioner · 1,512 votes
65%
Criminal Procedure · 401 votes
61%
lower court conservative · 734 votes
11 / 16
questions at Bowe / United
Bowe ✓
Clarence Thomas
Republican appointee · since OT1991

Justice Thomas is a textualist who often favors strict interpretations of statutory language. His view on whether the specific language of 'habeas corpus application under section 2254' extends to 'motion to vacate under section 2255' will be central to his analysis.

64% Bowe59%
for the petitioner · 2,801 votes
55%
Criminal Procedure · 724 votes
43%
lower court conservative · 1,365 votes
3 / 2
questions at Bowe / United
United States ✗
Samuel A. Alito
Republican appointee · since OT2005

Justice Alito generally takes a more conservative stance on criminal justice issues, often prioritizing finality in judgments. However, he also adheres to statutory text, and the precise wording of the relevant sections will guide his decision.

59% Bowe62%
for the petitioner · 1,469 votes
51%
Criminal Procedure · 388 votes
48%
lower court conservative · 722 votes
13 / 8
questions at Bowe / United
United States ✗
Sonia Sotomayor
Democratic appointee · since OT2009

Justice Sotomayor often scrutinizes statutes that limit access to judicial review, particularly in cases involving prisoners' rights. She may be inclined to interpret the statutes narrowly to preserve avenues for relief where constitutional questions are raised.

71% Bowe61%
for the petitioner · 1,192 votes
72%
Criminal Procedure · 306 votes
76%
lower court conservative · 594 votes
24 / 32
questions at Bowe / United
Bowe ✓
Elena Kagan
Democratic appointee · since OT2010

Justice Kagan is known for her pragmatic approach to statutory interpretation, often considering legislative intent and practical consequences. She may examine the purpose behind the restrictions on successive applications and motions.

79% Bowe63%
for the petitioner · 1,072 votes
72%
Criminal Procedure · 267 votes
75%
lower court conservative · 543 votes
5 / 16
questions at Bowe / United
Bowe ✓
Neil M. Gorsuch
Republican appointee · since OT2016

Justice Gorsuch is a textualist who often emphasizes the plain meaning of statutory language. His analysis will likely focus on whether the specific terms 'habeas corpus application under section 2254' explicitly include 'motion to vacate under section 2255' or if such an extension is unwarranted.

59% Bowe65%
for the petitioner · 592 votes
63%
Criminal Procedure · 126 votes
59%
lower court conservative · 286 votes
26 / 9
questions at Bowe / United
United States ✗
Brett M. Kavanaugh
Republican appointee · since OT2018

Justice Kavanaugh often seeks to apply clear statutory text and precedent. He may look to the Court's prior interpretations of similar jurisdictional statutes and the distinctions between Section 2254 and Section 2255 proceedings.

71% Bowe69%
for the petitioner · 498 votes
66%
Criminal Procedure · 105 votes
62%
lower court conservative · 244 votes
3 / 16
questions at Bowe / United
Bowe ✓
Amy Coney Barrett
Republican appointee · since OT2020

Justice Barrett is a textualist who prioritizes the ordinary meaning of statutory language. Her decision will likely hinge on a close reading of whether the terms 'habeas corpus application' and 'section 2254' can be read to encompass 'motion to vacate' and 'section 2255' in the context of the challenged provisions.

56% Bowe66%
for the petitioner · 360 votes
60%
Criminal Procedure · 80 votes
60%
lower court conservative · 178 votes
7 / 7
questions at Bowe / United
United States ✗
Ketanji Brown Jackson
Democratic appointee · since OT2022

Justice Jackson often demonstrates a concern for access to justice and a thorough examination of statutory language in criminal cases. She will likely consider the implications of a broad or narrow reading of the jurisdictional statutes for individuals seeking post-conviction relief.

79% Bowe59%
for the petitioner · 244 votes
67%
Criminal Procedure · 54 votes
80%
lower court conservative · 127 votes
12 / 20
questions at Bowe / United
Bowe ✓

Rates are each justice's own participation record in the Supreme Court Database, the same history the model trains on; a rate on fewer than five votes is not shown. The predicted vote is VotePredictor SCOTUS' per-justice probability from the served model, which also reads the bench-wide transcript signal and how long each side held the podium.

Every call this term, justice by justice · how the model is built and its record. Data as of 2026-10-02.