GEORGE BROWN, JR., PETITIONER-APPELLANT,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, STATE OF FLORIDA, RESPONDENT-APPELLEE
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The court held that federal courts lack jurisdiction to entertain a habeas corpus petition attacking a sentence that has already expired and is unrelated to the current sentence of confinement.
Appellant, a state prisoner, sought habeas corpus relief from a prior conviction and sentence that had expired. He was currently serving a different, …
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PER CURIAM:
This appeal is taken from an order of the district court denying the petition of a Florida state prisoner for the writ of habeas corpus. We affirm.
In his habeas petition appellant attacked a conviction for a “crime against nature” for which he was sentenced on November 1, 1963, to five years imprisonment. That sentence expired and he was released on August 10, 1967. Appellant is presently confined in the state penitentiary serving a life sentence for robbery imposed on November 29, 1967.
The record clearly shows that appellant, at the time he filed his petition, was not in custody under the sentence he was attacking. Appellant does not contend that there is a relationship between the present sentence and the sentence under attack. Therefore, there is no jurisdiction to attack the earlier sentence in the federal courts. 28 U.S.C. § 2241; Diehl v. Wainwright, 5th Cir., 1970, 423 F. 2d 1108; Cappetta v. Wainwright, 5th Cir., 1969, 406 F. 2d 1238; United States ex rel. Collins v. Cady, E. D.Wisc., 1971, 322 F.Supp. 1168. Cf. Carafas v. LaVallee, 1968, 391 U.S. 234, 88 S.Ct. 1556, 20 L.Ed.2d 554, and Peyton v. Rowe, 1968, 391 U.S. 54, 88 S.Ct. 1549, 20 L.Ed.2d 426.
Affirmed.
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- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Carafas v. Lavallee, 391 U.S. 234 (U.S. 1968)
- Peyton v. Rowe, 391 U.S. 54 (U.S. 1968)
- Cappetta v. Louie L. Wainwright, 406 F.2d 1238 (5th Cir. 1969)
- Diehl v. Louie L. Wainwright, 423 F.2d 1108 (5th Cir. 1970)