U.S. Court of Appeals for the D.C. Circuit, 1945

Jones v. Welch

Jones v. Welch
U.S. Court of Appeals for the D.C. Circuit · Decided November 19, 1945 · Edgerton, Miller, Prettyman
151 F.2d 769; 80 U.S. App. D.C. 253 (Federal Reporter, Second Series)

Jones v. Welch

Opinion of the Court

PER CURIAM.

The District Court denied appellant’s petition for habeas corpus. The allegations of the petition related to the manner in which the Parole Board arrived at its decision not to admit appellant to parole. “Eligibility to parole * * * cannot be tried in habeas corpus.” Pope v. Huff, 79 U.S.App.D.C. 18, 19, 141 F.2d 727, 728. McNally v. Hill, 293 U.S. 131, 55 S.Ct. 24, 79 L.Ed. 238; Goldsmith v. Aderholt, 5 Cir., 44 F.2d 166. The judgment of the District Court was therefore right and is affirmed. We do not suggest that the Board’s alleged procedure was in any way defective.

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