Shephard v. United States, No. 12-3709 (8th Cir. 2013)
Annotate this CaseMovant pleaded guilty to conspiracy to commit bank fraud and identity theft. On appeal, movant challenged the district court's denial of her motion under 28 U.S.C. 2255 challenging her sentence based on ineffective assistance of counsel. In United States v. Bernard, the court held that a federal prisoner could not challenge the restitution portion of his sentence under section 2255 because the statute afforded relief only to prisoners claiming a right to be released from custody. In this case, movant was not claiming a right to be released from custody, and thus, even if she could demonstrate that counsel was ineffective, the claim could not be raised in a section 2255 motion. Accordingly, in light of Bernard, the court granted the government's motion to dismiss the appeal.
Court Description: Prisoner case - habeas. A federal prisoner cannot challenge the restitution portion of a sentence under section 2255 because the statute affords relief only to prisoners claiming a right to be releases from custody; the government's motion to dismiss this appeal is granted.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.