Brown v. Warden, Springfield Medical Center for Federal Prisoners

LUCERO, Circuit Judge.

This case presents the issue of whether a prisoner in federal custody, whose state sentence has been fully served, may nonetheless challenge his prior state conviction under 28 U.S.C. § 2254. Terrence M. Brown, the federal prisoner in question, seeks a certifícate of appealability pursuant to 28 U.S.C. § 2253(c) to challenge the district court’s dismissal of his petition for a writ- of habeas corpus for lack of jurisdiction. The district court dismissed Brown’s petition because he was no longer in state custody as required by 28 U.S.C. § 2254. We conclude that the…