Avery v. United States

Statement of Justice KAVANAUGH respecting the denial of certiorari.

Federal prisoners can seek postconviction relief by filing an application under 28 U.S.C. § 2255 . State prisoners can seek federal postconviction relief by filing an application under § 2254.

The issue in this case concerns second-or-successive applications. As relevant here, the law provides that a "claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed." § 2244(b)(1) (emphasis added).

The text of that second-or-successive statute…