Odoc

MEMORANDUM

John Allen Tutor appeals the district court’s dismissal of his action under 42 U.S.C. § 1983 against the Oregon Department of Corrections, Offender Information and Sentence Computation, Max Williams, Colette Peters, Bethinye Smith, J. Walters, Amy Wehr, Christina Towers' and the Risk Management Division of ODOC (collectively the Department). We affirm.

Tutor claims that he is entitled to damages. and injunctive relief on the basis that the Department failed and refused to consider him eligible for good time credits against his sentence, which resulted in his being incarcerated for a longer period than that authorized by law. We disagree. After Tutor was convicted of two counts of sexual abuse in the first degree, he was sentenced on each of them to incarceration for the mandatory minimum of 75-months and was not eligible for any re duction of that sentence. The trial court could have deviated from that sentence if it had issued findings and determined that as applied to the facts of Tutor’s case the sentencing statute was unconstitutional, or that the so-called opt-out statute applied. It did neither. Thus, his claims for relief are without merit.

AFFIRMED.

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