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: Defense Newsletter Blog

Arnaiz: Habeas Not a Vehicle For Challenging Restitution

By Tim Cone

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In Arnaiz v. Warden, No. 07-12649 (Jan. 26, 2010), the Court held that the writ of habeas corpus under 28 U.S.C. § 2241 does not encompass claims that challenge the restitution portion of a judgment of conviction. The Court reasoned that habeas is about release from custody. A challenge to restitution is not related to custody. The Court noted that offenders who are not sentenced to a term of incarceration are not entitled to challenge orders of restitution, and saw no reason to treat Arnaiz differently simply because his judgment subjected him to both incarceration and restitution.

Full post as published by Defense Newsletter Blog on January 29, 2010 (boomark / email).

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