Case Explained: SIDNEY UPCHURCH Applicant v. UNITED STATES OF AMERICA On Motion for Leave to File

Court: United States Court of Appeals for the Seventh Circuit Filed: 2026-08-04 The seventh-circuit denied Sidney Upchurch’s motion for leave to file a petition for rehearing en banc regarding the denial of his fourth application for leave to file a successive motion for post-conviction review under 28 U.S.C. § 2255(h). The court held that the petition is barred by statute because 28 U.S.C. § 2244(b)(3)(E), which prohibits petitions for rehearing of a court of appeals’ authorization decision, applies to federal prisoners through the cross-reference in § 2255(h). Chief Judge Brennan reasoned that while the Supreme Court’s recent decision in *Bowe v. United States* held that the certiorari bar in § 2244(b)(3)(E) does not apply to federal prisoners, *Bowe* did not address the separate bar on petitions for rehearing. The court distinguished the two bars by noting that the certiorari bar implicates Supreme Court jurisdiction requiring a clear congressional statement, whereas the rehearing bar is procedural and non-jurisdictional, falling within the scope of § 2255(h)’s incorporation of § 2244(b)(3) provisions governing certification. Consequently, the petition was filed without further action and not referred to a panel or the full court. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.