CRANK v. DUCKWORTH

No. 89-3626.

905 F.2d 1090 (1990)

William E. CRANK, Petitioner-Appellant, v. Jack R. DUCKWORTH, Warden, and the Attorney General of Indiana, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 25, 1990.


Attorney(s) appearing for the Case

Candice A. Lichtenfels, South Bend, Ind., for petitioner-appellant.

Sheila M. Flynn, Asst. Atty. Gen., Indianapolis, Ind., for respondents-appellees.

Before CUMMINGS, COFFEY and EASTERBROOK, Circuit Judges.


EASTERBROOK, Circuit Judge.

Statutes that impose stiff penalties on habitual offenders give new weight to old convictions. Because custody directly under these old convictions has ended, 28 U.S.C. § 2254 does not authorize a petition for a writ of habeas corpus seeking release; you can't be released from a sentence that expired by its own terms. Maleng v. Cook, ___ U.S. ___, 109 S.Ct. 1923, 104 L.Ed.2d 540 (1989). Yet the validity of the earlier convictions...

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