Does the Court have jurisdiction to hear a motion challenging the terms of a Defendant's criminal sentence under the Criminal Code 2255?

At the time defendants filed the 2255 motions at issue on this appeal, all were "in custody" serving the incarceratory terms of their respective sentences. Thus, to the extent defendants' 2255 motions challenged their prison terms, the district court had jurisdiction to consider those challenges on their merits. See Kaminski v. United States , 339 F.3d at 86. Whether the district court was also empowered to review defendants' challenges to restitution presents a different question.

In considering that issue, we are guided by this court's decision in Kaminski v. United States . We there concluded that the monetary components of criminal sentences, such as fines and restitution orders, generally do not restrict liberty so severely as to satisfy the custody requirement

[887 F.3d 105]