United States of America, Plaintiff-appellee, v. Brian D. Carey, Aka: Brian Carey, Aka: Douglas Briancarey, Aka: Douglas B. Carey, Defendant-appellant, 106 F.3d 409 (9th Cir. 1997)

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US Court of Appeals for the Ninth Circuit - 106 F.3d 409 (9th Cir. 1997) Submitted Jan. 21, 1997. *Decided Jan. 23, 1997

Before: O'SCANNLAIN, LEAVY, and KLEINFELD, Circuit Judges.

MEMORANDUM** 

Brian D. Carey appeals pro se the district court's denial of his 2255 motion seeking to vacate his 1971 federal conviction for making false statements. We have jurisdiction under 28 U.S.C. § 1291, and affirm.

We review de novo questions of the district court's jurisdiction. See United States v. Matta-Ballesteros, 71 F.3d 754, 762 (9th Cir. 1995).

The district court correctly dismissed Carey's section 2255 motion for lack of jurisdiction because Carey had completed his sentence and was not in custody at the time he filed his motion for relief. See Hirabayashi v. United States, 828 F.2d 591, 604 (9th Cir. 1987).

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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