Michael M. Fisher v. Dan Johnson, Superintendent, Powder River Correctional Facility

976 F.2d 736 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael M. FISHER, Petitioner-Appellant, v. Dan JOHNSON, Superintendent, Powder River Correctional Facility, Respondent-Appellee. No. 91-36161. United States Court of Appeals, Ninth Circuit. Submitted Sept. 15, 1992. * Decided Sept. 23, 1992. Before BEEZER, NOONAN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Michael M. Fisher appeals the denial of his petition for habeas corpus by the United States District Court for the District of Oregon. We affirm. 3 * Ex Post Facto Claim 4 Fisher claims the change in the Oregon Board of Parole's interpretation of the presentence credit statute, Ore.Rev.Stat. § 137.320 (1991), in light of the Oregon Supreme Court's decision in Nissel v. Pearce, 307 Or. 102 , 764 P.2d 224 (1988), violates the constitutional prohibition against ex post facto laws. 5 "[T]he ex post facto prohibition ... forbids the imposition of punishment more severe than the punishment assigned by law when…