Legal Opinion
John F. Kaminski v. United States
Court of Appeals for the Second Circuit
Decided August 6, 2003No. Docket 01-2141PublishedCited by 83 opinions
1Opinion of the Court
CALABRESI, Circuit Judge.
The question raised by this appeal is whether a federal habeas corpus petition made under 28 U.S.C. § 2255 may include a challenge to an order of restitution imposed as part of the sentence, where that order does not amount to custody. We conclude that it may not.
I. Background
Petitioner-Appellant, John F. Kaminski, was sentenced to a term of imprisonment in the United States District Court for the Northern District of New York (Pooler, /.) and ordered to pay restitution after pleading guilty to one count of arson. Restitution to Kaminski’s insurance company was…
2Cases cited23 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Jones v. CunninghamSupreme Court of the United States · 1963
- United States v. MorganSupreme Court of the United States · 1954
- Hensley v. Municipal Court, San Jose-Milpitas Judicial Dist., Santa Clara Cty.Supreme Court of the United States · 1973
- United States v. Ernesto Quintieri, Carlo DonatoCourt of Appeals for the Second Circuit · 2002
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3Cited by83 opinions
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- Kevin Phelps v. Edward Alameda, Warden, Duel Vocational Institution, Tracy, California People of the State of California Ex Rel. Bill LockyerCourt of Appeals for the Ninth Circuit · 2004
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