In re: Lee

Lee pleaded guilty to three crimes in Tennessee state court, served his sentences, and was released from state custody in 1998. While serving time in federal prison for a subsequent crime, 20 years later, Lee sought permission to file a second 28 U.S.C. 2254 petition attacking his state convictions. The Sixth Circuit denied his motions. Federal courts lack subject-matter jurisdiction over Lee’s petition regardless of whether he can meet sections 2244(b)’s requirements. Section 2254(a), authorizing district courts to entertain state prisoners’ habeas petitions expressly limits their jurisdiction to petitions filed by persons “in custody pursuant to the judgment of a State court.” Lee is no longer in custody, nor on supervised release, pursuant to the state judgment he seeks to attack. That Lee’s state convictions resulted in an enhanced federal sentence does not affect that analysis. View "In re: Lee" on Justia Law