Gary L. Mayner v. William Callahan

The district court denied Gary L. May-ner’s petition for a writ of habeas corpus. Mayner appeals on the grounds that (1) the Board of Prison Terms and Paroles’ interpretation of R.C.W. 9.95.115 subjected him to double jeopardy because the prison board declined to credit his previous jail-time toward parole eligibility after he escaped and (2) R.C.W. 9.95.115 denied him equal protection because the statute requires that the mandatory life term prisoner restart his mandatory minimum time toward parole eligibility after an escape. We hold that the district court properly denied habeas relief by rejecting Mayner’s double jeopardy and equal protection arguments. We therefore affirm.

STANDARD OF REVIEW

This court reviews a denial of a petition for writ of habeas corpus de novo. Iaea v. Sunn, 800 F.2d 861, 864 (9th Cir.1986); Chatman v. Marquez, 754 F.2d 1531, 1533-54 (9th Cir.1985), cert. denied, 474 U.S. 841 , 106 S.Ct. 124 , 88 L.Ed.2d 101 (1985).

ANALYSIS

I. Double Jeopardy

The Fifth Amendment guarantee against double jeopardy protects against a second prosecution for the same offense after acquittal, against a second prosecution for the same offense after conviction, and…