Filed: Aug. 18, 2009
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 08-1937 _ Larry Blaine Painter, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. T. C. Outlaw, Warden, * Federal Correctional Complex, * [UNPUBLISHED] Forrest City, Arkansas, * * Appellee. * _ Submitted: July 30, 2009 Filed: August 18, 2009 _ Before WOLLMAN, RILEY, and SMITH, Circuit Judges. _ PER CURIAM. Federal inmate Larry Painter appeals the district court’s1 dismissal of h
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 08-1937 _ Larry Blaine Painter, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. T. C. Outlaw, Warden, * Federal Correctional Complex, * [UNPUBLISHED] Forrest City, Arkansas, * * Appellee. * _ Submitted: July 30, 2009 Filed: August 18, 2009 _ Before WOLLMAN, RILEY, and SMITH, Circuit Judges. _ PER CURIAM. Federal inmate Larry Painter appeals the district court’s1 dismissal of hi..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 08-1937
___________
Larry Blaine Painter, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
T. C. Outlaw, Warden, *
Federal Correctional Complex, * [UNPUBLISHED]
Forrest City, Arkansas, *
*
Appellee. *
___________
Submitted: July 30, 2009
Filed: August 18, 2009
___________
Before WOLLMAN, RILEY, and SMITH, Circuit Judges.
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PER CURIAM.
Federal inmate Larry Painter appeals the district court’s1 dismissal of his 28
U.S.C. § 2241 petition challenging a 1981 Missouri escape conviction, which was
used to enhance the federal sentence he is currently serving for firearm-possession
offenses. The district court correctly found that it was without jurisdiction to consider
1
The Honorable Beth Deere, United States Magistrate Judge for the Eastern
District of Arkansas, to whom the case was referred by consent of the parties pursuant
to 28 U.S.C. § 636(c).
the petition, as Painter is no longer “in custody” on the state conviction. See Maleng
v. Cook,
490 U.S. 488, 492-93 (1989) (per curiam) (habeas petitioner is no longer in
custody after sentence has fully expired, even if prior conviction is used to enhance
subsequent conviction); Love v. Tippy,
128 F.3d 1258, 1258-59 (8th Cir. 1997) (per
curiam) (petitioner who completed serving state sentence before federal conviction is
no longer in custody under state conviction).
Accordingly, the judgment is affirmed.
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