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WILLIAMS v. EDWARDS

Docket No. 97-2359

195 F.3d 95 (1999)

George WILLIAMS, Petitioner-Appellant, v. Ernest EDWARDS, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 25, 1999.

Attorney(s) appearing for the Case

Andrew D. Greene, Lake Success, New York, for Petitioner-Appellant.

Joseph M. Latino, Assistant District Attorney, Westchester County (Jeanine Pirro, District Attorney, Richard E. Weill, Second Deputy District Attorney, of counsel), White Plains, New York, for Respondent-Appellee.

Before: WINTER, Chief Judge, NEWMAN, Circuit Judge, and KEENAN, District Judge.

PER CURIAM:

George Williams appeals from Judge Parker's order dismissing his pro se habeas corpus petition for lack of subject matter jurisdiction. Appellant's habeas petition challenged a prior state conviction, for which the sentence had already expired. The district court determined that there was no jurisdiction because appellant was not "in custody" under the challenged conviction, as required by Maleng v. Cook, 490 U.S. 488

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