No. 21-8025

Christopher Thieme, aka John Thieme v. United States

Lower Court: Third Circuit
Docketed: 2022-06-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3664 all-writs-act criminal-law criminal-procedure illegal legal-relief restitution restitution-order sentencing sentencing-procedure statutory-interpretation writ-of-audita-querela
Latest Conference: 2022-09-28
Question Presented (from Petition)

1.) Does 18 U.S.C. §3664(k) and (0). which allows a sentencing court to consider motions to "adjust" a restitution order without anv time limits. permit a defendant to file a motion to vacate a restitution he asserts is illegal?

2.) Is a restitution order issued under 18 U.S.C. §$3663A illegal if it...

A.) imposes restitution for costs incurred by a victim by her own choice for reasons that are not among those which are specifically enumerated as eligible for compensation at 18 U.S.C. §3663A(b)(1) through (b)(4) ?

R.) imposes restitution to punish convicted offenses which several courts now hold are not "crimes of violence" in the wake of this court's decisions in Johnson. Dimaya. and Davis?

3) Tf there are no avenues for relief from an illegal restitution order available, could a defendant obtain relief to vacate an illegal restitution order through a Writ of Audita Querela issued pursuant to the ALL Writs Act?

Question Presented (AI Summary)

Does 18 U.S.C. §3664(k) and (0) permit a defendant to file a motion to vacate a restitution he asserts is illegal?

Docket Entries

2022-10-03
Petition DENIED.
2022-06-16
DISTRIBUTED for Conference of 9/28/2022.
2022-06-09
Waiver of right of respondent United States to respond filed.
2022-05-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 1, 2022)

Attorneys

Christopher Thieme
Christopher Thieme — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent