United States of America Ex Rel. Linwood Sluder v. Elza Brantley, Warden, Illinois State Penitentiary, Menard Branch

KILEY, Circuit Judge.

The question raised by petitioner Slu-der’s appeal from dismissal of his ha-beas corpus petition is whether an Illinois trial court denied him due process in allegedly sentencing him — after revoking his probation — solely on the basis of alleged offenses committed during probation. We affirm the judgment of dismissal.

Upon Sluder’s plea of guilty in September, 1963 to a fifty dollar burglary charge, the Illinois judge suspended sentence and admitted him to probation. Within three months thereafter Sluder was arrested for violation of probation. After a hearing, probation…