Patterson v. Secretary, Florida Department of Corrections, No. 12-12653 (11th Cir. 2017)
Annotate this CasePetitioner was sentenced to life imprisonment and chemical castration after he was convicted of burglary, aggravated kidnapping of a child, and two counts of capital sexual battery. The state court later granted petitioner's motion to correct an illegal sentence on the ground that the trial court failed to comply with the statutory prerequisites for chemical castration. In this appeal, petitioner challenged the district court's dismissal of his petition as second or successive under 28 U.S.C. 2244(b)(1). The court affirmed the dismissal of the petition as second or successive. In this case, because petitioner was not "in custody pursuant to," section 2254(b)(1), the consent order that he not undergo chemical castration did not trigger a new round of federal collateral review.
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