U.S. v. POOLE

No. 07-4220.

531 F.3d 263 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Jason Conrad POOLE, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 20, 2008.


Attorney(s) appearing for the Case

ARGUED: Michele Walls Sartori, Office of the United States Attorney, Greenbelt, Maryland, for Appellant. Robert Whelen Biddle, Nathans & Biddle, L.L.P., Baltimore, Maryland, for Appellee. ON BRIEF: Rod J. Rosenstein, United States Attorney, Baltimore, Maryland; Barbara S. Skalla, Office of the United States Attorney, Greenbelt, Maryland, for Appellant.

Reversed and remanded with instructions by published opinion. Judge DUNCAN wrote the opinion, in which Judge MOTZ and Judge TRAXLER joined.


OPINION

DUNCAN, Circuit Judge:

This appeal presents the issue of whether a temporary custody arrangement can form the basis of a district court's jurisdiction over a habeas petition filed under 28 U.S.C. § 2241(c)(3). For the reasons that follow, we conclude that it does not, and that the measures taken by the district court to secure jurisdiction here were improper. We therefore reverse and remand with instructions to reinstate the original sentence...

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