Court of Appeals for the Ninth Circuit January 25, 2001, No. 00-35418 (United States v. Allen)

MEMORANDUM**

Edward E. Allen appeals the district court’s order dismissing his § 2255 motion for lack of subject matter jurisdiction. The district court found that Allen was not “in custody” when he filed his § 2255 motion. 28 U.S.C. § 2255. Allen contends that the district court erred in finding that his § 2255 motion was filed on February 3, *8322000 instead of February 1, 2000. We affirm.