United States Tenth Circuit

Because a prisoner serving consecutive sentences remains "in custody" under all of his sentences until all are served, petitioner was "in custody" for habeas jurisdictional purposes with respect to a conviction underlying his first sentence, because that sentence is part of a consecutive series of sentences which he is still serving.

Appellate Information

• Decided 07/10/2002
• Published 07/10/2002

Judges

• LUCERO, Circuit Judge., Before EBEL, KELLY, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Gloyd L. McCoy,Coyle, McCoy & Burton, Oklahoma City, OK, for Petitioner-Appellant.


• For Appellees:
  
• Lori S. Carter, Assistant Attorney General (W.A. Drew Edmondson, Attorney General, with her on the brief), Oklahoma City, OK, for Respondent-Appellee.