--- title: "Witham v. United States" citation: "355 F.3d 501 (6th Cir. 2004)" authority_id: "AUTH-CA6-WITHAM-355-F3D-501" authority_type: "case" jurisdiction: "federal_sixth_circuit" precedential_status: "binding_in_ca6" official_url: "https://www.opn.ca6.uscourts.gov/opinions.pdf/04a0016p-06.pdf" url: "https://jason93.com/legal/federal-process/authorities/AUTH-CA6-WITHAM-355-F3D-501/" legal_review: "2026-08-25" links_checked: "2026-10-15" links_available: 1 links_checked_count: 1 license: "CC BY 4.0" --- # Witham v. United States ## Holdings used - No COA is required for a § 2241 appeal where detention arises from federal process; the state-process and § 2255 categories remain distinct. ## Material limitation Binding only in the Sixth Circuit and only for the bounded procedural postures in the linked claims. Official published opinion reviewed. Federal court-martial posture; the custody-source distinction and correct proceeding classification are preserved. A comprehensive commercial citator was not run. ## Official source and pinpoints 355 F.3d 501 (6th Cir. 2004), 355 F.3d 504: ## Linked claims - `CLM-CIR6-003` ## Used in - [Sixth Circuit Overlay](https://jason93.com/legal/federal-process/modules/95-circuit-overlays/sixth-circuit.md)