Charles D. Scanio v. United States

ALTIMARI, Circuit Judge:

Petitioner-appellant Charles D. Seanio appeals from a judgment of the United States District Court for the Western District of New York (Telesca, C.J.), denying petitioner’s motion for a writ of habeas corpus pursuant to 28 U.S.C. § 2255 (1988). The district court denied the motion and dismissed the petition on the ground that the petition was untimely when filed because Seanio had completed his sentence and was no longer “in custody” within the meaning of 28 U.S.C. § 2255. On appeal, Seanio challenges the district court’s conclusion that his petition was untimely.

For…