What is the test for habeas corpus jurisdiction in this case?

Moreover, Cappetta v. Wainwright, 406 F.2d 1238 (5 Cir.), cert. denied, 396 U.S. 846, 90 S.Ct. 55, 24 L.Ed.2d 96 (1969), also a case upon which petitioner relies, is inapplicable. There the court held that habeas corpus jurisdiction exists where the petitioner is "`in custody' but for another offense and on a separate sentence which is not being attacked * * * if his prior sentence is so connected to his present confinement as to warrant the attack." Id. at 1239. Here, petitioner did not allege that his Section 2601 conviction had affected his present detention and no evidence was presented on the point at the evidentiary hearing held by the district judge.

Affirmed.³