Supreme Court of the United States · Official docket →
Samuel Elliott v. United States
IFP petition · United States Court of Appeals for the Tenth Circuit, No. 25-2018 · judgment November 13, 2025
Question presented
QU ESTION PRESENTED FOR RE VIEW Petitionersoughtreliefunder28U.S.C.§ 2255ongroundsofineffective assistance arising from errors and omissions by counsel pertaining to both custody and a restitution amount of $730,000.00. The courts below denied the restitution-related claim on grounds that relief under § 2255 is not available for ineffective assistance related to restitution. Would reasonable jurists find the denial of Petitioner’s ineffective assistance claim on these grounds debatable or wrong? 2
Counsel of record
For petitioner
Scott M. Davidson
Scott M. Davidson, Ph.D., Esq., LLC
For respondent
D. John Sauer
Solicitor General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, March 23, 2026 · Certiorari denied
Proceedings
- Mar 23 2026Petition DENIED.
- Feb 26 2026DISTRIBUTED for Conference of 3/20/2026.
- Feb 20 2026Waiver of right of respondent United States to respond filed.
- Feb 11 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 19, 2026)