· 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 CourtListenerSourced 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.