Joaquin Ospina v. United States

KENNEDY, Circuit Judge.

Petitioner Joaquin Ospina appeals the district court’s determination that he was “in custody” during his state incarceration for the purposes of 28 U.S.C. § 2255 thereby barring his action due to § 2255’s one-year statute of limitations. We AFFIRM the district court’s decision.

BACKGROUND

Petitioner Joaquin Ospina plead guilty to one count of carrying a firearm during a drug-trafficking offense, in violation of 18 U.S.C. § 924(c), on October 15, 1992. On February 5, 1993, the district court sentenced Ospina to five years confinement to be served consecutively to his state…