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MAYS v. DINWIDDIE

No. 08-5129.

580 F.3d 1136 (2009)

Jerry Lee MAYS, Petitioner-Appellant, v. Walter N. DINWIDDIE, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

August 26, 2009.

Attorney(s) appearing for the Case

Vicki Mandell-King, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with her on the briefs), Office of the Federal Public Defender for the Districts of Colorado and Wyoming, Denver, CO, for Petitioner-Appellant.

Stephanie D. Jackson, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma, with her on the brief), Oklahoma City, OK, for Respondent-Appellee.

Before HENRY, Chief Judge, and SEYMOUR and EBEL, Circuit Judges.

CLAIRE V. HENRY, Chief Judge.

Jerry Lee Mays, an Oklahoma state prisoner, appeals the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition. The district court held that the burglary sentence that Mr. Mays sought to challenge had expired and that, as a result, he could not establish that he was "in custody pursuant to the judgment of a State court . . . in violation of the Constitution or laws or treaties of the United States." See...

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