Danny Fabricant v. Eddie Ylst, Warden

21 F.3d 1112 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Danny FABRICANT, Petitioner-Appellant, v. Eddie YLST, Warden, Respondent-Appellee. No. 93-56348. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1994. * Decided March 28, 1994. Before: FLETCHER, BRUNETTI, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Danny Fabricant, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition. We affirm. 3 It is a jurisdictional requirement that, at the time a habeas petition is filed, "the habeas petitioner be 'in custody' under the conviction or sentence under attack[.]" Maleng v. Cook, 490 U.S. 488, 490-91 (1989) (citing 28 U.S.C. Secs. 2241 (c)(3) & 2254(a); Carafas v. LaVallee, 391 U.S. 234, 238 (1968)). If, however, a habeas petitioner is in custody under a sentence that has been enhanced by a prior conviction for which the sentence has fully expired, the petitioner can challenge the enhanced…