Legal Opinion
Smullen v. United States
Court of Appeals for the First Circuit
Decided August 30, 1996No. 95-2315PublishedCited by 100 opinions
1Opinion of the Court
LEVIN H. CAMPBELL, Senior Circuit Judge.
The principal issue is whether a criminal defendant, who is in custody, may under 28 U.S.C. § 2255 collaterally challenge the restitution order imposed as a part of his sentence. Following the only two circuits to have explicitly addressed this matter, we hold he may not.
Petitioner-appellant Arthur J. Smullen was convicted following a jury trial in the United States District Court for the District of Massachusetts on three counts of making false statements to a federal agency in violation of 18 U.S.C. § 1001. On May 27, 1993, Smullen was sentenced, to…
2Cases cited19 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Coleman v. ThompsonSupreme Court of the United States · 1991
- United States v. FradySupreme Court of the United States · 1982
- Hughey v. United StatesSupreme Court of the United States · 1990
- Nazzaro Scarpa v. Larry E. Dubois, Etc.Court of Appeals for the First Circuit · 1994
14 more not listed; retrieve them via the Exa API.
3Cited by100 opinions
- Diane Barnickel v. United StatesCourt of Appeals for the Seventh Circuit · 1997
- Elbert W. Williamson v. Christine O. GregoireCourt of Appeals for the Ninth Circuit · 1998
- Barrett N. Weinberger v. United StatesCourt of Appeals for the Sixth Circuit · 2001
- Virsnieks v. SmithCourt of Appeals for the Seventh Circuit · 2008
- John F. Kaminski v. United StatesCourt of Appeals for the Second Circuit · 2003
95 more not listed; retrieve them via the Exa API.