White v. Butterworth

70 F.3d 573

• Court: Court of Appeals for the Eleventh Circuit
• Decided: December 7, 1995
• Docket: 94-2901
• Status: Published

Opinion

United States Court of Appeals,

Eleventh Circuit.

Nos. 94-2901, 94-2989.

Timothy Edward WHITE, Petitioner-Appellant,

v.

Robert A. BUTTERWORTH, The Attorney General for the State of Florida, Harry K. Singletary, Jr., Secretary of the Florida Department of Corrections, Respondents-Appellees.

March 11, 1996.

Appeals from the United States District Court for the Middle District of Florida (No. 93-1488-CIV-J-10), Wm. Terrell Hodges, Judge.

Before KRAVITCH, EDMONDSON and BARKETT, Circuit Judges.

BY THE COURT:

Appellant's "emergency notice to the court for corrections,"

construed as a motion to correct this court's opinion of December

7, 1995, 70 F.3d 573, is GRANTED. As corrected, the first sentence

of footnote one reads as follows:

White also appears to have made the argument that he was "in custody" as a result of the 1987 conviction because Alabama had placed a detainer on him for the conviction that should have run concurrently with his 1987 sentence.