Clemons v. Mendez

OPINION AND ORDER DISMISSING PETITION FOR WRIT OF HABE-AS CORPUS PURSUANT TO 28 U.S.C. § 2254

DUGGAN, District Judge.

On February 2, 2000, Petitioner filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his 1977 state court conviction for breaking and entering as being unconstitutional. Petitioner, however, is no longer incarcerated under his 1977 conviction. Instead, Petitioner is currently in federal custody, serving a fifteen year sentence for felon in possession of a firearm. Petitioner’s 1977 state court conviction was used to enhance his federal…