In Dohrmann v. U.S., No. 05-15360 (March 15, 2006), the Court held that an inmate could not raise in a habeas petition under 28 U.S.C. § 2241 a claim that the restitution amount was incorrectly calculated, when the petitioner failed to show "cause and prejudice" for his failure to raise this issue in the earlier proceeding, or on direct appeal.
Joining the holdings of all other Circuits to have considered the question, the Court held that Apprendi v. New Jersey does not apply to restitution orders. The Court pointed out that the federal restitution statutes do not contain statutory maximums. Consequently, Apprendi’s holding concerning the constitutional principles applicable to statutory maximums was inapt.
Again joining other Circuits, and consistent with McCoy v. U.S., 266 F.3d 1245 (11th Cir. 2001), the Court held that Apprendi does not apply retroactively to a habeas petition under § 2241.
Finally, for the first time on appeal of the denial of his § 2241 petition, Dohrmann claimed ineffective assistance of counsel. The Court held that it does not consider claims raised for the first time on appeal in § 2241 proceedings.