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Charlton v. Morris

United States Court of Appeals, Eighth Circuit
May 8, 1995
53 F.3d 929 (8th Cir. 1995)

Summary

holding that the district court lacked jurisdiction to address the merits of the petitioner's § 2254 petition because he was no longer in custody pursuant to the challenged state conviction

Summary of this case from Pleasant v. State of Texas

Opinion

No. 94-3437.

Submitted April 12, 1995.

Decided May 8, 1995.

Appellant pro se.

D. Gerald Wilhelm, Asst. U.S. Atty., of Minneapolis, MN, for appellee.

Appeal from the United States District Court for the District of Minnesota.

Before BOWMAN, WOLLMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


Joseph William Charlton, a federal inmate, appeals from the final order entered in the District Court dismissing his 28 U.S.C. § 2254 petition.

The Honorable David S. Doty, United States District Judge for the District of Minnesota, adopting the report and recommendation of the Honorable Raymond L. Erickson, United States Magistrate Judge for the District of Minnesota.

In 1990, Charlton pleaded guilty to aiding and abetting the possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Charlton was sentenced as a career offender based, in part, on a 1982 Minnesota state felony conviction.

Charlton then filed this section 2254 petition arguing his Minnesota state conviction was unconstitutional because of an erroneous jury instruction and, thus, it could not be used to enhance his federal sentence. Concluding that Charlton was "in custody" for section 2254 purposes, the District Court denied Charlton's petition on the merits.

We conclude the District Court was without jurisdiction to address the merits of Charlton's section 2254 petition because Charlton — who had served his state sentence and was discharged from supervised release in 1985 — was no longer "in custody" for his state conviction. See Maleng v. Cook, 490 U.S. 488, 492, 109 S.Ct. 1923, 1926, 104 L.Ed.2d 540 (1989) (per curiam) (petitioner whose sentence has expired is no longer "in custody" for that conviction, even if used to enhance current sentence). Even if Charlton's petition were construed as a 28 U.S.C. § 2255 motion attacking his current federal sentence, as enhanced by his state conviction, see id. at 493-94, 109 S.Ct. at 1926-27, we note that he may not use such a motion to challenge his prior expired state conviction on the grounds alleged. See Partee v. Hopkins, 30 F.3d 1011, 1012 (8th Cir. 1994) (inmate cannot collaterally attack a prior state conviction used to "enhance a sentence on any constitutional ground other than failure to appoint counsel for an indigent defendant"), cert. denied, ___ U.S. ___, 115 S.Ct. 1135, 130 L.Ed.2d 1096 (1995). Thus, the dismissal of Charlton's petition was proper.

Although we do not reach the merits, we note Charlton's Minnesota conviction appears to be constitutionally valid because the erroneous jury instruction was harmless beyond a reasonable doubt. See Sullivan v. Louisiana, ___ U.S. ___, ___-___, 113 S.Ct. 2078, 2081-82, 124 L.Ed.2d 182 (1993); Brecht v. Abrahamson, ___ U.S. ___, ___- ___, 113 S.Ct. 1710, 1721-22, 123 L.Ed.2d 353 (1993); see also United States v. West, 28 F.3d 748, 751 (8th Cir. 1994) (jury instruction reviewed within context of entire jury charge and entire trial).

The dismissal is affirmed.


Summaries of

Charlton v. Morris

United States Court of Appeals, Eighth Circuit
May 8, 1995
53 F.3d 929 (8th Cir. 1995)

holding that the district court lacked jurisdiction to address the merits of the petitioner's § 2254 petition because he was no longer in custody pursuant to the challenged state conviction

Summary of this case from Pleasant v. State of Texas

finding "[d]istrict Court was without jurisdiction to address the merits of [petitioner's] section 2254 petition because [petitioner], who had served his state sentence and was discharged from supervised release . . . was no longer 'in custody' for his state conviction"

Summary of this case from Fullman v. Pa State Attorney Gen.

finding "[d]istrict Court was without jurisdiction to address the merits of [petitioner's] section 2254 petition because [petitioner], who had served his state sentence and was discharged from supervised release . . . was no longer 'in custody' for his state conviction"

Summary of this case from Fullman v. Ctr. Cnty. Courthouse

finding "[d]istrict Court was without jurisdiction to address the merits of [petitioner's] section 2254 petition because [petitioner], who had served his state sentence and was discharged from supervised release . . . was no longer 'in custody' for his state conviction"

Summary of this case from Coyle v. Barry

concluding that the "District Court was without jurisdiction to address the merits of [petitioner's] section 2254 petition because [he] . . . was no longer 'in custody' for his state conviction."

Summary of this case from Munt v. Miles

concluding the district court was without jurisdiction to address the merits of a habeas petition because the petitioner was not "in custody" in that he "had served his state sentence and was discharged from supervised release" before he filed the petition

Summary of this case from Foxx v. Mo. Cnty. Prosecutor

determining that the district court lacked jurisdiction to address the merits of a § 2254 petition that the petitioner filed after he had served the sentence for the conviction he was challenging

Summary of this case from Oliver v. Missouri

stating that district court does not have jurisdiction to consider merits of § 2254 petition filed by person not in custody

Summary of this case from McCarthy v. State

In Charlton v. Morris, 53 F.3d 929 (8th Cir.), cert. denied, 516 U.S. 926, 116 S.Ct. 328, 133 L.Ed.2d 229 (1995), the court affirmed the dismissal of a federal inmate's § 2254 petition because he was no longer "in custody" for purposes of the state conviction.

Summary of this case from U.S. v. Clark
Case details for

Charlton v. Morris

Case Details

Full title:JOSEPH WILLIAM CHARLTON, APPELLANT, v. E.W. MORRIS, WARDEN, FCI …

Court:United States Court of Appeals, Eighth Circuit

Date published: May 8, 1995

Citations

53 F.3d 929 (8th Cir. 1995)

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