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· 11/7/2013

Margie Shephard v. United States

Citations

  • 735 F.3d 797
  • 2013 WL 5942629

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that as petitioner was not claiming a right to be released from custody, even if counsel was ineffective with regards to restitution amount the claim could not be raised in a § 2255 petition
  • finding that petitioner “cannot challenge the restitution portion of his sentence under section 2255, because the statute affords relief only to prisoners claiming a right to be released from custody,” even when his claim is one of ineffective assistance of counsel
  • finding that petitioner “cannot challenge the restitution portion of his sentence under section 2255, because the statute affords relief only to prisoners claiming a right to be released from custody,” even when his claim is one of ineffective assistance of counsel
  • petitioner was not claiming a right to be released from custody so, even if counsel was ineffective with regards to restitution, this claim could not be raised in a § 2255 petition

Source: CourtListener parenthetical corpus (CC0).

Judges: Benton, Beam, Shepherd

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.