Maleng v. Cook, 490 U.S. 488 (1989). · Go Syfert
Maleng v. Cook, 490 U.S. 488 (1989). Cases Citing This Book View Copy Cite
Quick Summary

A person is not in custody for federal habeas purposes regarding a conviction whose sentence has fully expired, even if that conviction is used to enhance a subsequent sentence.

A petitioner seeks habeas corpus relief to challenge a 1958 conviction that had expired but was being used to enhance his subsequent 1978 state sentences. The question is whether a petitioner is 'in custody' for purposes of federal habeas jurisdiction when the sentence for the challenged conviction has fully expired. The Court holds that once a sentence has completely expired, the collateral consequences of that conviction are insufficient to render an individual in custody. However, because the petitioner is subject to a state detainer and is scheduled to serve subsequent sentences enhanced by the prior conviction, he is in custody under those subsequent sentences.

4,963 citation events (3,708 in the last 25 years) across 138 distinct courts.
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Cited for
At page 490 Determining custody requirement for habeas corpus jurisdiction980 citing cases“is in custody in violation of the constitution or laws or treaties of the united states.”351 citing courts quote it · also cited as 109 S. Ct. at 1925 · 220 listed here
  • Sappington, No. 2:24-cv-02441 (W.D. Tenn. Sept. 4, 2026).
    ([T]he habeas petitioner [must] be ‘in custody’ under the conviction or sentence under attack at the time his petition is filed)
  • Ross, No. 3:26-cv-00455 (N.D. Ind. June 30, 2026).
    (The federal habeas statute gives the United States district courts jurisdiction to entertain petitions for habeas relief only from persons who are ‘in custody in violation of the Constitution or laws or treaties of the…)
  • Brooks, No. 3:24-cv-00050 (E.D. Tenn. Mar. 5, 2026). 2 cites
    See Maleng v. Cook, 490 U.S. 488, 490 (1989) (noting that habeas corpus relief is available only if a person is in custody); see Nichols, 2023 WL 612904 at *2 (“The Magistrate Judge concluded, however, that an individual serving a sentence…
  • Woodyard, No. 1:26-cv-00027 (S.D. Ala. Feb. 19, 2026).
    ([T]he Court lacks jurisdiction over the Petitioner’s application for habeas relief because the Petitioner is no longer in custody pursuant to the 8 state conviction that is the target of his attack.)
  • Lomax v. Warden, No. 3:25-cv-00464 (N.D. Ind. July 10, 2025).
    (We have interpreted the statutory language as requiring that the habeas petitioner be ‘in custody’ under the conviction or sentence under attack at the time his petition is filed.)
  • Thompson v. Holloway, No. 5:25-cv-05139 (W.D. Ark. June 30, 2025).
    (The federal habeas statute gives the United States’ district courts jurisdiction to entertain petitions for habeas relief only from persons who are in custody in violation of the Constitution or laws or treaties of the…)
  • Hays v. Judge, No. 5:25-cv-05129 (W.D. Ark. June 18, 2025).
    (The federal habeas statute gives the United States’ district courts jurisdiction to entertain petitions for habeas relief only from persons who are in custody in violation of the Constitution or laws or treaties of the…)
  • Phillips v. Sheriff, Benton Cnty., No. 5:25-cv-05094 (W.D. Ark. June 18, 2025).
    (The federal habeas statute gives the United States’ district courts jurisdiction to entertain petitions for habeas relief only from persons who are in custody in violation of the Constitution or laws or treaties of the…)
  • Anti v. Greene, No. 1:25-cv-00698 (M.D. Pa. June 17, 2025).
    (For a court to have jurisdiction over an immigration-related habeas corpus claim, the petitioner must be in the ‘custody’ of the federal immigration agency.)
  • Webb v. State of Tennessee, No. 2:24-cv-00085 (M.D. Tenn. June 4, 2025).
    (This language is jurisdictional: if a petitioner is not ‘in custody’ when [he] files [his] petition, courts may not consider it.)
Show 210 more citing cases
At page 492 Determining custody requirement after sentence expiration252 citing cases“once the sentence imposed for a conviction has completely expired, the collateral consequences of that conviction are not themselves sufficient to render an individual 'in custody' for the purposes of a habeas attack upon it.”73 citing courts quote it · also cited as 109 S. Ct. at 1926; 104 L. Ed. 2d at 546 · 196 listed here · 1 cautionary
  • Pendleton v. DiMatteo, No. 3:23-cv-00734 (E.D. Va. Nov. 30, 2023). Cited "but see"
    (holding that sex offender registration requirements resulting from a prior conviction do not render a petitioner “in custody” for purposes of that conviction, once he has fully served his sentence of imprisonment and an…)
  • Michael Eduardo Lee v. Sec'y, Dep't of Corr., No. 5:26-cv-00021 (M.D. Fla. June 11, 2026). 2 cites
    Although the Supreme Court has never held that a petitioner must actually be physically confined in prison to meet section 2254(a)’s in-custody requirement, it has explained that the challenged restraint on a petitioner’s liberty must “sig…
  • Loiseau, No. 3:26-cv-00060 (N.D. Ind. Mar. 18, 2026).
    (While we have very liberally construed the “in custody” requirement for purposes of federal habeas, we have never extended it to the situation where a habeas petitioner suffers no present restraint from a conviction.)
  • Detty, No. 2:26-cv-00422 (E.D. Pa. Jan. 27, 2026).
    (While we have very liberally construed the ‘in custody’ requirement for purposes of federal habeas, we have never extended it to the situation where a habeas petitioner suffers no present restraint . . . .)
  • Sanchez, Lorenzo v. State of Florida, No. 0:24-cv-62003 (S.D. Fla. Aug. 31, 2025). 2 cites
    (The question presented by this case is whether a habeas petitioner remains ‘in custody’ under a conviction after the sentence imposed for it has fully expired, merely because of the possibility that the prior convictio…)
  • Hill v. State of Nevada, No. 2:25-cv-00968 (D. Nev. June 5, 2025).
    ([O]nce the sentence imposed for a conviction has 2 || completely expired, the collateral consequences of that conviction are not themselves sufficient 3 || to render an individual ‘in custody’ for the purposes of a hab…)
  • (HC) Khademi v. Roseville Police Dept., No. 2:24-cv-02797 (E.D. Cal. Jan. 16, 2025). 2 cites
    (once the 14 sentence imposed for a conviction has completely expired, the collateral consequences of that 15 conviction are not themselves sufficient to render an individual ‘in custody’ for the purposes of a 16 habeas…)
  • Broque Anthony Anderson v. San Bernardino Cnty. Sheriff's Dep't, No. 5:24-cv-01861 (C.D. Cal. Sept. 6, 2024).
    ([O]nce the sentence imposed 12 for a conviction has completely expired, the collateral consequences of that 13 conviction are not themselves sufficient to render an individual ‘in custody’ for the 14 purposes of a habe…)
  • (HC) Khademi v. Placer Cnty. Sheriff, No. 2:23-cv-02122 (E.D. Cal. Feb. 23, 2024).
    (once the sentence imposed for 9 a conviction has completely expired, the collateral consequences of that conviction are not 10 themselves sufficient to render an individual ‘in custody’ for the purposes of a habeas att…)
  • Anderson v. Maryland Attorney Gen., No. 1:22-cv-02392 (D. Md. Nov. 28, 2023). 4 cites
    ([O]nce the sentence imposed for a conviction has completely expired, the collateral consequences of that conviction are not themselves sufficient to render an individual ‘in custody’ for the purposes of a habeas attack…)
Show 186 more citing casesLoad the other 47
At page 491 Defining custody for habeas corpus petitions131 citing casesOur interpretation of the ‘in custody’ language has not required that a prisoner be physically confined in order 11 Appellate Case: 22-1259 Document: 010110961000 Date Filed: 11/30/2023 Page: 12 to challenge his sentence on habeas corpus.5 citing courts put it this way
  • Michael Eduardo Lee v. Sec'y, Dep't of Corr., No. 5:26-cv-00021 (M.D. Fla. June 11, 2026). 2 cites
    (We have never held, however, that a habeas petitioner may be ‘in custody’ under a conviction when the sentence imposed for that conviction has fully expired at the time his petition is filed.)
  • Norris, No. 4:26-cv-01031 (S.D. Tex. Mar. 31, 2026).
    (As the Fifth Circuit has explained, usually ‘custody’ signifies incarceration or supervised release, but in general it encompasses most restrictions on liberty resulting from a criminal conviction.)
  • Brooks, No. 3:24-cv-00050 (E.D. Tenn. Mar. 5, 2026). 2 cites
    (Our interpretation of the ‘in custody’ language has not required that a prisoner be physically confined in order to challenge his sentence on habeas corpus.)
  • Lucas v. Bd. of Cnty. Commissioners of Larimer Cnty., No. 22-1259 (10th Cir. Nov. 30, 2023).unpublished
    (Our interpretation of the ‘in custody’ language has not required that a prisoner be physically confined in order 11 Appellate Case: 22-1259 Document: 010110961000 Date Filed: 11/30/2023 Page: 12 to challenge his senten…)
  • Nguyen v. United States, No. 1:22-cv-00529 (D. Haw. Feb. 21, 2023).
    (Our interpretation of the ‘in custody’ language has not required that a prisoner be physically confined in order to challenge his sentence on habeas corpus.)
  • Frazier v. Jeffreys, No. 1:18-cv-01991 (N.D. Ill. Sept. 30, 2021).
    ([A] prisoner who ha[s] been placed on parole [is] still ‘in custody’ under his unexpired sentence.)
  • White v. LaClair, No. 1:19-cv-01283, 2021 WL 200857 (E.D.N.Y. Jan. 19, 2021). 5 cites
    (Pet. 14; Resp’t Opp’n 7 n.1.) After Petitioner was released from custody on August 28, 2013, (Resp’t Opp’n 4), he was resentenced for a different crime on October 17, 2016, (Pet. 14); see Maleng v. Cook, 490 U.S. 488, 492 (1989) (“While w…
  • Runnels v. Sheriff, Gregg Cnty., No. 6:20-cv-00166 (E.D. Tex. Nov. 2, 2020).
    (Once the sentence imposed for a conviction has completely expired, the collateral consequences of that conviction are not themselves sufficient to render an individual ‘in custody’ for the purposes of a habeas attack u…)
  • Sifuentes, No. 1:25-cv-01214 (W.D. Mich. Dec. 29, 2025).
  • Peters v. Lemaster, 139 F.3d 912 (10th Cir. 1998).unpublished
Show 121 more citing casesLoad the other 101
At page 493 Determining custody status for habeas review37 citing casesPro se habeas petitioners may not be held to the same technical standards as litigants represented by counsel.1 citing court put it this way
Show 27 more citing casesLoad the other 22
At page 494 Limiting holding to custody for habeas jurisdiction10 citing casesOur holding is limited to the narrow issue of ‘custody’ for subject-matter jurisdiction of the habeas court1 citing court put it this way
104 L. Ed. 2d at 545 cited at this page2 citing cases
109 S. Ct. at 1923 Describing the fifth circuit's dissent in a case2 citing cases
Maleng, King County Prosecuting Attorney, Et Al.
v.
Cook
88-357.
Supreme Court of the United States.
May 15, 1989.
Published opinion
490 U.S. 488
1989 U.S. LEXIS 2309
Kenneth O. Eikenberry, Attorney General of Washington, argued the cause for petitioners. With him on the briefs were William L. Williams, Senior Assistant Attorney General, and John M. Jones, Assistant Attorney General., John B. Midgley argued the cause and filed a brief for respondent.*
Per Curiam.
Cited by 1,922 opinions  |  Published
13 passages pin-cited by 14 cases
Pinpoint authority: #3,576 of 633,719
Citer courts: Ninth Circuit (3) · C.D. California (3) · District of Columbia (3) · Kentucky Supreme Court (3) · Court of Appeals of Utah (3) · M.D. Alabama (1) · Tenth Circuit (1)
Per Curiam.

In 1958, respondent was convicted of robbery in Washington state court and sentenced to 20 years of imprisonment; this sentence expired by its terms in 1978. In 1976, while on parole from that sentence, he was convicted of two counts of assault and one count of aiding a prisoner to escape; in 1978, the State sentenced him to two life terms and one 10-year term on those convictions. These sentences were maximum terms under Washington’s then-indeterminate sentencing scheme, with the minimum term to be set by the Board of Prison Terms and Paroles. Under Washington law, the 1958 conviction will increase by several years the mandatory minimum term which respondent will have to serve on his 1978 sentences.

In 1976 respondent was also convicted of bank robbery and conspiracy in federal court and sentenced to 30 years of imprisonment. He is currently serving his federal sentence in a federal penitentiary in California, but the State of Washington has lodged a detainer against him with federal prison authorities. Respondent is scheduled to begin serving the sentences imposed upon him by the Washington courts in 1978 at the expiration of his federal term.

In 1985, while in federal prison, respondent filed a pro se petition for habeas corpus relief in the United States District Court for the Western District of Washington. Respond[*490] ent’s petition listed the 1958 Washington conviction as the “conviction under attack,” alleging that it was invalid because respondent had not been given a competency hearing, even though there was reasonable doubt as to his competency to stand trial. Respondent also alleged that the 1958 conviction had been used illegally to enhance his 1978 state sentences, which he had not yet begun to serve. * The District Court dismissed the petition for lack of subject-matter jurisdiction, holding that respondent was not “in custody” for the purposes of a habeas attack on the 1958 conviction because the sentence imposed for that conviction had already expired. The Court of Appeals for the Ninth Circuit reversed. 847 P. 2d 616 (1988). The Court of Appeals held that respondent was still “in custody” under the 1958 conviction, even though the sentence imposed for that conviction had expired, because it had been used to enhance the sentences imposed in 1978 for his 1976 state convictions, which he had yet to serve. Id., at 618-619. We granted certiorari to review this interpretation of the “in custody” requirement. 488 U. S. 941 (1988). We conclude that respondent is not presently “in custody” under the 1958 sentence, but that he is “in custody” under the 1978 state sentences which he has not yet begun to serve.

The federal habeas statute gives the United States district courts jurisdiction to entertain petitions for habeas relief only from persons who are “in custody in violation of the Constitution or laws or treaties of the United States.” 28 U. S. C. § 2241(c)(3) (emphasis added); see also 28 U. S. C. § 2254(a). We have interpreted the statutory language as requiring that the habeas petitioner be “in custody” under the conviction or sentence under attack at the time his peti[*491] tion is filed. See Carafas v. LaVallee, 391 U. S. 234, 238 (1968). In this case, the Court of Appeals held that a habeas petitioner may be “in custody” under a conviction whose sentence has fully expired at the time his petition is filed, simply because that conviction has been used to enhance the length of a current or future sentence imposed for a subsequent conviction. We think that this interpretation stretches the language “in custody” too far.

Our interpretation of the “in custody” language has not required that a prisoner be physically confined in order to challenge his sentence on habeas corpus. In Jones v. Cunningham, 371 U. S. 236 (1963), for example, we held that a prisoner who had been placed on parole was still “in custody” under his unexpired sentence. We reasoned that the petitioner’s release from physical confinement under the sentence in question was not unconditional; instead, it was explicitly conditioned on his reporting regularly to his parole officer, remaining in a particular community, residence, and job, and refraining from certain activities. Id., at 242; see also Hensley v. Municipal Court, San Jose-Milpitas Judicial Dist., Santa Clara County, 411 U. S. 345 (1973); Braden v. 30th Judicial Circuit Court of Ky., 410 U. S. 484 (1973).

We have never held, however, that a habeas petitioner may be “in custody” under a conviction when the sentence imposed for that conviction has fully expired at the time his petition is filed. Indeed, our decision in Carafas v. LaVallee, supra, strongly implies the contrary. In Carafas, the petitioner filed his habeas application while he was actually incarcerated under the sentence he sought to attack, but his sentence expired and he was unconditionally discharged from custody while his appeal from the denial of habeas relief below was pending before this Court. The State argued that the unconditional discharge rendered the case moot. We rejected this argument, holding that the “collateral consequences” of the petitioner’s conviction — his inability to vote, engage in certain businesses, hold public office, or serve as a[*492] juror — prevented the case from being moot. Id., at 237-238. We went on to say, however, that the unconditional release raised a “substantial issue” as to the statutory “in custody” requirement. Id., at 238. While we ultimately found that requirement satisfied as well, we rested that holding not on the collateral consequences of the conviction, but on the fact that the petitioner had been in physical custody under the challenged conviction at the time the petition was filed. Ibid. The negative implication of this holding is, of course, that once the sentence imposed for a conviction has completely expired, the collateral consequences of that conviction are not themselves sufficient to render an individual “in custody” for the purposes of a habeas attack upon it.

The question presented by this case is whether a habeas petitioner remains “in custody” under a conviction after the sentence imposed for it has fully expired, merely because of the possibility that the prior conviction will be used to enhance the sentences imposed for any subsequent crimes of which he is convicted. We hold that he does not. While we have very liberally construed the “in custody” requirement for purposes of federal habeas, we have never extended it to the situation where a habeas petitioner suffers no present restraint from a conviction. Since almost all States have habitual offender statutes, and many States provide as Washington does for specific enhancement of subsequent sentences on the basis of prior convictions, a contrary ruling would mean that a petitioner whose sentence has completely expired could nonetheless challenge the conviction for which it was imposed at any time on federal habeas. This would read the “in custody” requirement out of the statute and be contrary to the clear implication of the opinion in Carafas v. LaVallee, supra.

In this case, of course, the possibility of a sentence upon a subsequent conviction being enhanced because of the prior conviction actually materialized, but we do not think that requires any different conclusion. When the second sentence[*493] is imposed, it is pursuant to the second conviction that the petitioner is incarcerated and is therefore “in custody.”

We do think, however, that respondent may challenge the sentences imposed upon him by the State of Washington in 1978, even though he is not presently serving them. In Mc-Nally v. Hill, 293 U. S. 131 (1934), we held that the “in custody” requirement meant present physical confinement under the conviction or sentence under attack. Were this rule still the law, respondent would not be “in custody” even under the 1978 sentences, because he has not yet begun to serve them. But in Peyton v. Rowe, 391 U. S. 54 (1968), we overruled McNally and held that a petitioner who was serving two con-' secutive sentences imposed by the Commonwealth of Virginia could challenge the second sentence which he had not yet begun to serve.

While in this case respondent is serving a federal sentence, rather than another sentence imposed by the State of Washington, we do not think this factual difference from Peyton v. Rowe requires a different result. The State of Washington has placed a detainer with the federal authorities to ensure that at the conclusion of respondent’s federal sentence, he will be returned to the state authorities to begin serving his 1978 state sentences. In Braden v. 30th Judicial Circuit Court of Ky., supra, we held that a prisoner serving a sentence in Alabama, who was subject to a detainer filed with his Alabama jailers by Kentucky officials, was “in custody” for the purpose of a habeas attack on the outstanding Kentucky charge upon which the detainer rested. We think that Braden and Peyton together require the conclusion that respondent in this case was “in custody” under his 1978 state sentences at the time he filed. Since we think respondent’s habeas petition, construed with the deference to which pro se litigants are entitled, Haines v. Kerner, 404 U. S. 519 (1972), can be read as asserting a challenge to the 1978 sentences, as enhanced by the allegedly invalid prior conviction, see United States v. Tucker, 404 U. S. 443 (1972), we affirm the Court of[*494] Appeals’ finding that respondent has satisfied the “in custody” requirement for federal habeas jurisdiction.

Our holding is limited to the narrow issue of “custody” for subject-matter jurisdiction of the habeas court. We express no view on the extent to which the 1958 conviction itself may be subject to challenge in the attack upon the 1978 sentences which it was used to enhance. See 28 U. S. C. §2254 Rule 9(a).

The judgment of the Court of Appeals is

Affirmed.

*

Respondent also alleged that the 1958 conviction had been used to enhance the federal sentence which he was serving at the time of the filing. The courts below did not address that contention, however, and respondent has not pressed it before this Court. Accordingly, we do not consider it here.