Bruce Robert Hendrix v. James A. Lynaugh, Director Texas Department of Corrections

JERRY E. SMITH, Circuit Judge:

The petitioner brings a habeas corpus action pursuant to 28 U.S.C. § 2254, mounting a collateral attack on a 1972 state conviction. Concluding that under recent Supreme Court precedent he was not “in custody” for purposes of the statute, we affirm the district court’s dismissal of the petition.

I

In 1972 a state court convicted Bruce Hendrix for possession of a narcotic drug and sentenced him to ten years’ imprisonment.

In 1982 Hendrix pleaded guilty to burglary of a habitation and was sentenced to thirty-five years’ imprisonment. Hendrix concedes that he had fully…