Brief for the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner.

Argument: The interest in ease of administration and the purposes of the PLRA favor treating a prior dismissal as a ‘strike’ only after it becomes final on appeal. The majority interpretation is a simple rule that courts have applied since 1996 without difficulty. The majority interpretation calls for the same familiar finality determination courts routinely make in other contexts. The Sixth Circuit’s interpretation produces bizarre results and uncertainty, with no attendant benefit.