Howard v. Warden, No. 13-12831 (11th Cir. 2015)
Annotate this CasePetitioner, convicted of burglary, appealed the dismissal of his pre-trial habeas corpus petition. Petitioner challenged the constitutionality of a dead-docketed indictment that has been pending for approximately nineteen years. The court held that a dead-docketed indictment, without more, does not constitute custody. Therefore, the court agreed with the district court that it did not have jurisdiction to consider the petition because petitioner was not "in custody" in violation of the Constitution or laws or treaties of the United States. The court affirmed the judgment.
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