Repeat challenges to sentences
Bowe v. United States
In brief
Federal prisoners are not subject to §2244(b)(1)'s repeat-claim bar in second or successive §2255 motions, and the Supreme Court can review permission decisions in those cases.
- Where it stands
- Decided
Decided 5-4 · January 9, 2026 · Opinion by Justice Sotomayor
- What it’s about
- The Court vacated and remanded a case involving federal sentencing guidelines. The 5-4 decision, authored by Justice Sotomayor, addressed how courts should calculate criminal history scores under the federal sentencing framework.
- Who it affects
- Federal prisoners seeking to file another challenge to a conviction or sentence are affected. For example, a prisoner whose request to file a second §2255 motion is denied may seek Supreme Court review of that decision.
Summary: written with AI from the case record.
What it's about
The decision distinguishes the rules Congress wrote for state-prisoner habeas petitions from the rules for federal prisoners challenging their own convictions or sentences.
Question presented
1. Does a rule requiring dismissal of repeat claims in state prisoner habeas petitions also apply to repeat claims in federal prisoner motions to vacate their sentences? 2. Does the Court have jurisdiction to review lower court decisions allowing or denying federal prisoners permission to file repeat challenges to their sentences?
What the Court decided
The vote
- Joined the judgment
- Concurred in a separate opinion
- Dissented
- Wrote an opinion
- Concurring · 1agreed with the result, wrote separately
- Jacksonwrote separately
From the opinions
“Section 2244(b)(1) does not apply to second or successive motions filed under §2255(h) by federal prisoners challenging their convictions or sentences.”
What's next
The case returns to the Eleventh Circuit for further proceedings under the Court's decision. Lower courts must apply the separate rules for federal prisoners' §2255 motions rather than importing the state-prisoner repeat-claim rule.
Docket activity
New analysis added
AI analysis generated: Case Briefing
New analysis added
New analysis added
AI analysis generated: Impact Analysis
Show 7 moreShow fewer
AI analysis generated: Opinion Summary
New analysis added
New analysis added
Judgment Issued.
Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kagan, Kavanaugh and Jackson, JJ., joined. Jackson, J., filed a concurring opinion. Gorsuch, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined, and in which Barrett, J., joined as to Part I.
Opinion added: opinion
Opinion added: Opinion of the Court - SS
More questions
- What did the Supreme Court rule in Bowe v. United States?
- The Court said it can review requests to file second or successive §2255 motions. It said the state-prisoner repeat-claim rule does not govern those federal-prisoner motions.
- Who is affected by the Bowe decision?
- Federal prisoners seeking another court challenge to a conviction or sentence under §2255 are affected. Courts must use the rules specifically governing those motions.
- What happens next in Bowe v. United States?
- The Eleventh Circuit will handle the case again under the Supreme Court's decision. Other lower courts must follow the Court's interpretation in similar cases.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.