United States v. Rutigliano, No. 16-3754 (2d Cir. 2018)Annotate this Case
28 U.S.C. 2255 jurisdiction does not reach the restitution part of a sentence where, as here, the restitution cannot be deemed custodial punishment. It is not the amount of restitution alone but, rather, the terms of payment that identify those rare cases in which a restitution order might equate to custodial punishment. The Second Circuit held that, because the challenged judgments in this case contemplate the payment of restitution on schedules yet to be set by the district court, defendants could not show on the present record that their restitution obligations were custodial punishments for purposes of section 2255 review. Therefore, the court vacated the judgments reducing restitution and remanded for reinstatement of original judgments.