COX v. McCARTHY

829 F.2d 800 David L. COX, Michael Hartnett, individually and on behalf of all others similarly situated, Petitioners-Appellants, v. Dan McCARTHY, Director, California Department of Correction, et al., Respondents-Appellees. No. 87-1645. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 13, 1987. Decided Oct. 1, 1987. Michael Satris, Bolinas, Cal., for petitioners/appellants. Richard Thomson, Sacramento, Cal., for respondents/appellees. Appeal from the United States District Court for the Eastern District of California. Before CHAMBERS, SNEED and TANG, Circuit Judges. SNEED, Circuit Judge: 1 Two petitioners challenge in habeas corpus the constitutionality of a 1984 amendment to the California Penal Code as applied to them. They invoke the Ex Post Facto Clause of the United States Constitution. The district court rejected this claim on the merits. We dismiss because the cases are now moot. I. FACTS AND PROCEEDINGS 2 Under Cal.Penal Code Sec. 3057(c), which took effect on January 1, 1984, persons imprisoned for parole violations may incur additional periods of incarceration for misconduct committed inside the penitentiary. Petitioners were both on parole from…