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Chawi v. Sacramento County, Probation Office
Citation: 136 F. App'x 991Docket: No. 04-17544
Court: Court of Appeals for the Ninth Circuit; June 29, 2005; Federal Appellate Court
Youssef E. Chawi's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas petition, which challenged his misdemeanor convictions for sale of drug paraphernalia, has been affirmed. The jurisdiction for this case is established under 28 U.S.C. § 2253. The critical legal issue is whether Chawi was "in custody" concerning the misdemeanor convictions at the time his habeas petition was filed. Chawi contends he was "in custody" due to probation conditions stemming from his misdemeanor convictions, which restricted his ability to possess drugs or associate with drug users or sellers. However, the court found otherwise, noting that the probationary conditions were only imposed in relation to his felony convictions for unlawful purchase of food stamps. The sentencing transcripts clarify that, for the misdemeanors, Chawi received a 60-day imprisonment sentence, and he was not incarcerated at the time of filing the habeas petition. Consequently, he was not considered "in custody" for the misdemeanor convictions at that time. The court’s decision is not intended for publication and cannot be cited in future cases, except as permitted by Ninth Circuit Rule 36-3.