Does a person seeking federal habeas corpus relief under Section 2255 have to be "in custody" under the conviction or sentence under attack at the time they filed the motion?
MultiRegion, United States of America
The following excerpt is from United States v. Kennedy, No. 2:11-cr-0427 TLN CKD P (E.D. Cal. 2020):
A person seeking federal habeas corpus relief must be "in custody" under the conviction or sentence under attack at the time 2255 motion is filed. See Maleng v. Cook, 490 U.S. 488, 491 (1989).
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