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WHITE v. BUTTERWORTH

Nos. 94-2901, 94-2989. Non-Argument Calendar.

70 F.3d 573 (1995)

Timothy Edward WHITE, Petitioner-Appellant, v. Robert A. BUTTERWORTH, The Attorney General for the State of Florida, Harry K. Singletary, Jr., Secretary of the Florida Department of Corrections, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 7, 1995.

Attorney(s) appearing for the Case

Timothy Edward White, Crestview, Florida, for Appellant.

Mark Menser, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Florida, for Appellees.

Before KRAVITCH, EDMONDSON and BARKETT, Circuit Judges.

PER CURIAM:

Timothy White, a Florida prisoner, appeals the dismissal of his § 2254 habeas petition and the denial of his motion for reconsideration of the dismissal. The district court dismissed the petition after concluding that White did not satisfy § 2254's jurisdictional "in custody" requirement because he was attacking an "expired" sentence. Upon review of the record, we determine that the court erred in finding...

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