William R. Dillworth v. J. Hopes Barker, Chairman of Florida Probation and Parole Commission

INGRAHAM, Circuit Judge:

The narrow legal issue on this appeal from the denial on jurisdictional grounds of the writ of habeas corpus is whether a parolee, whose parole is supervised by a receiving state, as the term is defined by the Uniform Act for Out-of-state Parolee Supervision, 1 is “in custody” in the receiving state for the purposes of the jurisdictional grant of 28 U.S.C. § 2241. 2

Appellant Dilworth was convicted in South Dakota of embezzlement. On direct appeal the Supreme Court of South Dakota affirmed. State v. Dilworth, 83 S.D. 363, 159 N.W.2d 795 (1967). The parole authority of…