Samuel Elliott v. United States
HabeasCorpus
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?
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