OPINION AND ORDER
CONNER, District Judge:
Petitioner Thomas Fleming ("Fleming") presents this application for a writ of habeas corpus, 28 U.S.C. § 2241, et seq., attacking his conviction for assault and criminal possession of a weapon. His petition raises questions of both jurisdiction and substance as follows: (1) whether Fleming is "in custody" under the federal habeas corpus statute; and (2) whether the judge's charge to the jury on intoxication...
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