Bowe v. United States

Justia · Docket · oyez.org

Argued on Oct 14, 2025.

Petitioner: Michael Bowe.
Respondent: United States of America.

Advocates:

• Andrew L. Adler (for the Petitioner)

Facts of the case (from oyez.org)

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.

Question

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?