PATRICK E. HIGGINBOTHAM, Circuit Judge:
Charles R. Stumpf appeals from the district court's denial of his Rule 35(a) motion to correct an illegal sentence, arguing that his sentence is illegal because it includes restitution as a condition of probation and he was not warned that restitution might be ordered if he pleaded guilty. Considering Stumpf's untimely 35(a) motion as a petition for habeas corpus, we conclude that the ordered restitution was within the penalty...
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