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Scanio v. U.S., No. 94-2002, No. 1733 (2nd Cir.) (37 F.3d 858) (October 11, 1994) (Judge Frank X. Altimari)

Here the Court held that while a petitioner must satisfy the jurisdictional "in custody" of ยง 2255 in order to invoke habeas relief, a petitioner under supervised release may be considered to be "in custody" for that purpose.

 

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