Henry Figueroa Guzman v. P. J. Morris, Warden

Guzman appeals the district court’s denial of his petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254 . He claims that the recalculation of his date of release from prison under the retroactivity provisions of California’s Determinate Sentence Law (DSL) violates the terms of his plea bargain and thus deprives him of due process. He also raises several other constitutional objections to this procedure. We affirm.

I

In September 1975, Guzman was charged by information in the state court with violations of Cal.Penal Code §§ 211 (robbery), 489 (grand theft), 245(b) (assault with a deadly weapon against a police officer), and 12021 (possession of a concealable weapon). The information also alleged five prior felony convictions against Guzman, and further alleged that he used a firearm in the commission of the robbery. Pursuant to a plea bargain, Guzman pled guilty to the robbery charge and admitted having used a firearm in the commission of the robbery in violation of Cal.Penal Code § 12022.5. On motion of the district attorney, in accordance with the plea agreement, the court dismissed the other charges and the prior felony allegations.

At the time Guzman…