Court of Appeals for the Sixth Circuit October 19, 2004, 03-4035 (Joaquin Ospina v. United States)

KENNEDY, Circuit Judge.

Petitioner Joaquin Ospina appeals the district court’s determination that he was “in custody” during his state incarceration for the purposes of 28 U.S.C. § 2255 thereby barring his action due to § 2255’s one-year statute of limitations. We AFFIRM the district court’s decision.