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FONTANEZ v. O'BRIEN

No. 14-7607.

807 F.3d 84 (2015)

Jeremy FONTANEZ, Petitioner-Appellant, v. Terry O'BRIEN, Warden, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 2, 2015.

Attorney(s) appearing for the Case

ARGUED: Adam H. Farra , SIDLEY AUSTIN LLP, Washington, D.C., for Appellant. Tara Noel Tighe , Office of the United States Attorney, Wheeling, West Virginia, for Appellee. ON BRIEF: Jonathan F. Cohn , Sidley Austin LLP, Washington, D.C., for Appellant. William J. Ihlenfeld, II , United States Attorney, Office of the United States Attorney, Wheeling, West Virginia, for Appellee.

Reversed and remanded by published opinion. Judge HARRIS wrote the opinion, in which Judge MOTZ and Judge GREGORY joined.

Jeremy Fontanez, a federal inmate, filed a habeas corpus petition under 28 U.S.C. § 2241 seeking release from the obligation to make restitution payments through the Bureau of Prisons' Inmate Financial Responsibility Program. The district court found that Fontanez's claim was not cognizable under 28 U.S.C. §...

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