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Home / Courts / 4th Circuit / Criminal Practice – A § 2255 motion may not be used to challenge a restitution order (access required)

Criminal Practice – A § 2255 motion may not be used to challenge a restitution order (access required)

Although there is a “virtual consensus” in the federal circuits in holding that § 2255 provides no avenue to challenge a restitution order, because the challenge here also questioned the term of confinement, that claim was cognizable under § 2255. Background A jury convicted David Christopher Mayhew of fraud charges stemming from an investment scam, and Mayhew ...

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