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U.S. v. THIELE

No. 01-15483.

314 F.3d 399 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. John Herman THIELE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 24, 2002.

Attorney(s) appearing for the Case

Kenneth Noel, Grand Junction, CO, for the defendant-appellant.

Mark N. Zanides, Assistant United States Attorney, Oakland, CA, for the plaintiff-appellee.

Before RYMER, THOMAS and SILVERMAN, Circuit Judges.

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...

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