Does Section 2244(b)(3)(C) of the Criminal Code apply to a separate federal and state habeas application?

MultiRegion, United States of America

The following excerpt is from Bell v. U.S., 296 F.3d 127 (2nd Cir. 2002):

Section 2244, in turn, provides that an application may be granted "only if [the court of appeals] determines that the application makes a prima facie showing that the application satisfies the requirements of this subsection." 28 U.S.C. 2244(b)(3)(C). Following other federal courts that have ruled on the issue, we agree that the language "as provided in section 2244" incorporates the prima facie standard into our consideration of successive habeas applications under 2255 and that the same standard applies to both state and federal successive habeas applications. Bennett v. United States, 119 F.3d 468, 469 (7th Cir.1997).

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