44
Opinion of the Court
the United States." 28 U. S. C. § 2254(a); see also 28 U. S. C. § 2241(c)(3). In Peyton v. Rowe, 391 U. S. 54 (1968), we held that the statute authorized the exercise of habeas jurisdiction over the petitions of two State of Virginia prisoners, Robert Rowe and Clyde Thacker. Rowe and Thacker were incarcerated under consecutive sentences; both sought to challenge sentences slated to run in the future. Virginia, relying on McNally v. Hill, 293 U. S. 131 (1934), argued that the habeas petitions were premature. Overruling McNally, we explained:
"[I]n common understanding 'custody' comprehends respondents' status for the entire duration of their imprisonment. Practically speaking, Rowe is in custody for 50 years, or for the aggregate of his 30- and 20-year sentences. For purposes of parole eligibility, under Virginia law he is incarcerated for 50 years. Nothing on the face of § 2241 militates against an interpretation which views Rowe and Thacker as being 'in custody' under the aggregate of the consecutive sentences imposed on them. Under that interpretation, they are 'in custody in violation of the Constitution' if any consecutive sentence they are scheduled to serve was imposed as the result of a deprivation of constitutional rights." 391 U. S., at 64-65 (citations omitted).
The habeas petitioners in Peyton sought to present challenges that, if successful, would advance their release dates. That was enough, we concluded, to permit them to invoke the Great Writ. Id., at 66-67.
Had the Mississippi trial court ordered that Garlotte's life sentences run before his marijuana sentence—an option about which the prosecutor expressed indifference—Peyton unquestionably would have instructed the District Court to entertain Garlotte's present habeas petition. Because the marijuana term came first, and Garlotte filed his habeas peti-
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: October 4, 2007