Ricky Lee McDeid v. State of Minnesota

1The Honorable Beth Deere, United States Magistrate Judge for the Eastern
District of Arkansas, to whom the case was referred by consent of the parties pursuant
to 28 U.S.C. § 636(c).
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 08-1937
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Larry Blaine Painter, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
T. C. Outlaw, Warden, *
Federal Correctional Complex, * [UNPUBLISHED]
Forrest City, Arkansas, *
*
Appellee. *
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Submitted: July 30, 2009
Filed: August 18, 2009
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Before WOLLMAN, RILEY, and SMITH, Circuit Judges.
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PER CURIAM.
Federal inmate Larry Painter appeals the district court’s 1 dismissal of his 28
U.S.C. § 2241 petition challenging a 1981 Missouri escape conviction, which was
used to enhance the federal sentence he is currently serving for firearm-possession
offenses. The district court correctly found that it was without jurisdiction to consider

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the petition, as Painter is no longer “in custody” on the state conviction. See Maleng
v. Cook, 490 U.S. 488, 492-93 (1989) (per curiam) (habeas petitioner is no longer in
custody after sentence has fully expired, even if prior conviction is used to enhance
subsequent conviction); Love v. Tippy, 128 F.3d 1258, 1258-59 (8th Cir. 1997) (per
curiam) (petitioner who completed serving state sentence before federal conviction is
no longer in custody under state conviction).
Accordingly, the judgment is affirmed.
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