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OSPINA v. U.S.

No. 03-4035.

386 F.3d 750 (2004)

Joaquin OSPINA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 19, 2004.

Attorney(s) appearing for the Case

ON BRIEF: Victor D. Merullo, Merullo, Reister & Swinford, Columbus, Ohio, for Appellant. Gary L. Spartis, United States Attorney, Columbus, Ohio, for Appellee.

Before: KENNEDY and COOK, Circuit Judges; HOOD, District Judge.

KENNEDY, Circuit Judge.

Petitioner Joaquin Ospina appeals the district court's determination that he was "in custody" during his state incarceration for the purposes of 28 U.S.C. § 2255 thereby barring his action due to § 2255's one-year statute of limitations. We AFFIRM the district court's decision.

BACKGROUND

Petitioner Joaquin Ospina plead guilty to one count of carrying...

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