[DOWNLOAD] "White v. Butterworth" by Eleventh Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: White v. Butterworth
- Author : Eleventh Circuit U.S. Court of Appeals
- Release Date : January 07, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Per Curiam Timothy White, a Florida prisoner, appeals the dismissal of his § 2254 habeas petition and the denial of his motion for reconsideration of the dismissal. The district court dismissed the petition after concluding that White did not satisfy § 2254's jurisdictional ""in custody"" requirement because he was attacking an ""expired"" sentence. Upon review of the record, we determine that the court erred in finding that White was not ""in custody"" and therefore reverse the order dismissing the petition and remand for further proceedings. In 1985, White pled guilty to a crime in Florida and received five years probation. When he violated the terms of his probation in Alabama in 1987, he was extradited to Florida, where he pled guilty to violating his probation and received a four-year sentence, to run concurrently with an unspecified Alabama sentence. After serving the 1987 Florida sentence, White was convicted of another crime in Florida in 1992 and received an enhanced sentence as a habitual felony offender; the enhanced sentence was based in part on his 1987 conviction for probation violation. He currently is serving the enhanced sentence.