No. 25-6831

Samuel Elliott v. United States

Lower Court: Tenth Circuit
Docketed: 2026-02-17
Status: Pending
Type: IFP
IFP
Tags: appellate-review criminal-procedure habeas-corpus ineffective-assistance-of-counsel restitution section-2255-motion
Key Terms:
HabeasCorpus
Latest Conference: N/A
Question Presented (from Petition)

Petitioner sought relief under 28 U.S.C. § 2255 on grounds of ineffective assistance arising from errors and omissions by counsel pertaining to both custody and a restitution amount of $730,000.00. The courts below denied the restitution-related claim on grounds that relief under § 2255 is not available for ineffective assistance related to restitution. Would reasonable jurists find the denial of Petitioner's ineffective assistance claim on these grounds debatable or wrong?

Question Presented (AI Summary)

Whether a petitioner may obtain relief under 28 U.S.C. § 2255 for ineffective assistance of counsel claims related to restitution determinations, and whether reasonable jurists would find debatable or wrong the denial of such claims on the ground that § 2255 does not provide a remedy for restitution-related ineffective assistance

Docket Entries

2026-02-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 19, 2026)

Attorneys

Samuel Elliott
Scott M. DavidsonScott M. Davidson, Ph.D., Esq., LLC, Petitioner
United States
D. John SauerSolicitor General, Respondent