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· 12/24/2002

United States v. John Herman Thiele

Citations

  • 314 F.3d 399
  • 2002 Daily Journal DAR 14591
  • 2002 Cal. Daily Op. Serv. 12364
  • 2002 U.S. App. LEXIS 26566
  • 2002 WL 31866171

How courts have described this case

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

  • holding that even if the challenge to restitution comes with other challenges to the sentence, the restitution challenge cannot be brought under § 2255
  • holding that the habeas petitioner could not collaterally attack his restitution order in a § 2255 motion because while “[c]laims seeking release from custody can be brought under § 2255[,] claims seeking other relief cannot”
  • holding that the habeas petitioner could not collaterally attack his restitution order in a § 2255 motion, because, while “[c]laims seeking release from custody can be brought under § 2255[,] claims seeking other relief cannot”
  • holding petitioner could not 11 collaterally attack restitution order under § 2255, even where joined with cognizable 12 claims for release from custody
  • concluding relief from restitution is not a cognizable claim under § 2255 even when presented with a cognizable claim or as an ineffective-assistance claim
  • writing that cognizable claims “do not run interference for non-cognizable claims”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rymer, Thomas, Silverman

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.