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DILLWORTH v. BARKER

No. 72-1153 Summary Calendar.

465 F.2d 1338 (1972)

William R. DILLWORTH, Petitioner-Appellant, v. J. Hopes BARKER, Chairman of Florida Probation and Parole Commission, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 10, 1972.

Attorney(s) appearing for the Case

Jon S. Rosenberg, Orlando, Fla., for petitioner-appellant.

Robert L. Shevin, Atty. Gen. of Fla., Raymond L. Marky, Asst. Atty. Gen., Tallahassee, Fla., for respondent-appellee.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.

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...

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