Legal Opinion
United States v. John Herman Thiele
Court of Appeals for the Ninth Circuit
Decided December 24, 2002No. 01-15483PublishedCited by 64 opinions
1Opinion of the Court
OPINION
SILVERMAN, Circuit Judge.
Today we clarify our holding in United States v. Kramer, 195 F.3d 1129 (9th Cir.1999): 28 U.S.C. § 2255 is available to prisoners claiming the right to be released from custody. Claims for others types of relief, such as relief from a restitution order, cannot be brought in a § 2255 motion, whether or not the motion also contains cognizable claims for release from custody. We affirm the district court.
I. BACKGROUND
In 1996, a jury convicted Thiele of five counts of mail fraud in violation of 18 U.S.C. § 1341 and three counts of wire fraud in violation of 18…
2Cases cited13 opinions
- Diane Barnickel v. United StatesCourt of Appeals for the Seventh Circuit · 1997
- Barrett N. Weinberger v. United StatesCourt of Appeals for the Sixth Circuit · 2001
- United States v. Joe Clinton SeglerCourt of Appeals for the Fifth Circuit · 1994
- Smullen v. United StatesCourt of Appeals for the First Circuit · 1996
- United States v. Gary A. NewmanCourt of Appeals for the Ninth Circuit · 1993
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3Cited by64 opinions
- Bailey v. HillCourt of Appeals for the Ninth Circuit · 2010
- Virsnieks v. SmithCourt of Appeals for the Seventh Circuit · 2008
- John F. Kaminski v. United StatesCourt of Appeals for the Second Circuit · 2003
- United States v. GianelliCourt of Appeals for the Ninth Circuit · 2008
- Mamone v. United StatesCourt of Appeals for the Eleventh Circuit · 2009
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