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KAMINSKI v. U.S.

Docket No. 01-2141.

339 F.3d 84 (2003)

John F. KAMINSKI, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 6, 2003.

Attorney(s) appearing for the Case

Robert A. Culp, New York, New York, for Appellant.

Elizabeth S. Riker, Assistant United States Attorney, for Joseph A. Pavone, United States Attorney for the Northern District of New York, Syracuse, New York, for Appellee.

Before: WALKER, Chief Judge, and LEVAL and CALABRESI, Circuit Judges.

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...

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