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U.S. v. KRAMER

No. 98-16849.

195 F.3d 1129 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Bernard Barney KRAMER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 4, 1999.

As Amended November 18, 1999.

Attorney(s) appearing for the Case

Brett Nesin, Stockton, California, for the defendant-appellant.

Stephen H. Jigger, Assistant United States Attorney, San Francisco, California, for the plaintiff-appellee.

Before: CANBY and SILVERMAN, Circuit Judges, and SNYDER, District Judge.

SILVERMAN, Circuit Judge:

We hold today that a defendant seeking relief under 28 U.S.C. § 2255 not only must be in custody, he also must claim the right to be released from custody. In this case, the defendant's § 2255 motion sought only vacatur of a restitution order, not his release from custody. Consequently, the district court ruled that § 2255 relief was not available to him, and denied the motion.

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