ARNAIZ v. WARDEN, FEDERAL SATELLITE LOW

No. 07-12649.

594 F.3d 1326 (2010)

Ismael F. ARNAIZ, Petitioner-Appellant, v. WARDEN, FEDERAL SATELLITE LOW, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 26, 2010.


Attorney(s) appearing for the Case

Courtland L. Reichman (Court-Appointed), King & Spalding, Atlanta, GA, for Arnaiz.

Edmund A. Booth, Jr., U.S. Atty., Augusta, GA, James C. Stuchell, U.S. Atty., Savannah, GA, for Warden.

Before EDMONDSON, BIRCH and COX, Circuit Judges.


PER CURIAM:

Petitioner-Appellant Ismael F. Arnaiz appeals the dismissal of his petition for a writ of habeas corpus under 28 U.S.C. § 2241, challenging solely the restitution ordered in connection with his convictions for conspiracy to commit money laundering and mail fraud. In this appeal we must decide whether Arnaiz can collaterally attack the restitution part of his sentence by seeking a writ of habeas corpus while he is imprisoned. We conclude that he can...

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