Crayton

OPINION AND ORDER

On August 27, 2008, petitioner Lawrence Crayton, Jr., aka Lawrence Edward Crayton, Jr., Lawrence Edwin Crayton, Jr., Manny Harris, Alex Winters, aka Terrell Mason, a federal inmate confined in this judicial district, filed his second pur ported petition for writ of habeas corpus under 28 U.S.C. § 2241 “challenging an expired prior state conviction that was used to enhance [petitioner’s] current federal sentence” on the ground he is actually innocent of this prior conviction. Petition at 1.

BACKGROUND

On November 13, 2001, in United States District Court for the Western District of Kentucky case no. 3:98 CR 0091-JGH (“Crayton I”), a jury convicted petitioner of conspiracy to possess cocaine with intent to distribute, attempt to possess cocaine with intent to distribute, and possession of cocaine with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(i) and 846, and petitioner was sentenced to three concurrent life terms of imprisonment. United States v. Crayton, 357 F.3d 560, 562 (6th Cir.2004). The Sixth Circuit affirmed petitioner’s convictions and sentence in a published opinion filed February 5, 2004, Crayton, 357 F.3d at 574 , and the United…