Edward E. Allen v. Oregon State

981 F.2d 1257 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Edward E. ALLEN, Petitioner-Appellant, v. OREGON STATE, Respondent-Appellee. No. 91-36296. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1992. * Decided Dec. 3, 1992. Before TANG, BRUNETTI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Edward Allen, an Oregon state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition based on that court's finding that Allen is not "in custody" within the meaning of 28 U.S.C. § 2241 . We reverse and remand. 3 * Petitioner was convicted of arson in the first degree in the Curry County Circuit Court for the State of Oregon in 1985. He was sentenced to five years in prison and a $5,000.00 fine. Petitioner acknowledges that he has served his sentence, but argues that he is still "in custody" on his 1985 sentence because the effect of that conviction has been to enhance his sentences on subsequent…