"On Friday, the Supreme Court decided Bowe v. United States, a procedural case that will meaningfully reshape how federal prisoners challenge unlawful convictions and sentences. The court held that a key restriction Congress imposed on state habeas petitions does not apply to federal prisoners, and that federal prisoners may seek Supreme Court review when courts of appeals deny permission to file successive post-conviction motions."
"After Bowe was sentenced, the Supreme Court dismantled the legal basis for treating those crimes as violent. In 2019, the court followed with United States v. Davis, which struck down part of the "crimes of violence" statute as unconstitutionally vague. In 2022, the court followed with United States v. Taylor, holding that attempted robbery, as defined in the Hobbs Act, does not qualify under the remaining part of the statute."
The Supreme Court held that a statutory restriction on state habeas petitions does not apply to federal prisoners and allowed federal prisoners to seek Supreme Court review when courts of appeals deny permission to file successive post-conviction motions. The decision removes procedural barriers that previously blocked many federal habeas claims from merits review even after favorable legal developments. Michael Bowe received a mandatory firearm enhancement based on predicate offenses later undermined by United States v. Davis and United States v. Taylor, meaning his enhancement likely would not survive under current law. The ruling expands access to post-conviction relief for similarly situated prisoners.
Read at Slate Magazine
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