# George Brown, Jr. v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

> Court of Appeals for the Fifth Circuit · September 10, 1971 · 447 F.2d 980

URL: https://www.frixlaw.com/law-library/cases/298807

## Case

- **Full name:** George BROWN, Jr., Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** September 10, 1971
- **Citations:** 447 F.2d 980; 1971 U.S. App. LEXIS 8137
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Coleman, Simpson, Morgan
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/298807

## Opinion text

PER CURIAM:
This appeal is taken from an order of the district court denying the petition of a Florida state prisoner for the writ of habeas corpus. We affirm.
In his habeas petition appellant attacked a conviction for a “crime against nature” for which he was sentenced on November 1, 1963, to five years imprisonment. That sentence expired and he was released on August 10, 1967. Appellant is presently confined in the state penitentiary serving a life sentence for robbery imposed on November 29, 1967.
The record clearly shows that appellant, at the time he filed his petition, was not in custody under the sentence he was attacking. Appellant does not contend that there is a relationship between the present sentence and the sentence under attack. Therefore, there is no jurisdiction to attack the earlier sentence in the federal courts. 28 U.S.C. §
*981
2241; Diehl v. Wainwright, 5th Cir., 1970, 423 F.2d 1108 ; Cappetta v. Wainwright, 5th Cir., 1969, 406 F.2d 1238 ; United States ex rel. Collins v. Cady, E. D.Wisc., 1971, 322 F.Supp. 1168 . Cf. Carafas v. LaVallee, 1968, 391 U.S. 234 , 88 S.Ct. 1556 , 20 L.Ed.2d 554 , and Peyton v. Rowe, 1968, 391 U.S. 54 , 88 S.Ct. 1549 , 20 L.Ed.2d 426 .
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/298807. Public record. Not legal advice.