Rodney L. Scott v. P.L. Kernan Dan Lungren, Attorney General of the State of California

37 F.3d 1506 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rodney L. SCOTT, Petitioner-Appellant, v. P.L. KERNAN; Dan Lungren, Attorney General of the State of California, Respondents-Appellees. No. 94-15564. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1994. * Decided Sept. 27, 1994. Before: SNEED, WIGGINS, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Rodney L. Scott, a state prisoner, appeals the denial of his 28 U.S.C. Sec. 2254 habeas corpus petition. Scott contends that application of California's Determinate Sentencing Law (DSL) to his parole eligibility violates the ex post facto, due process, and equal protection clauses of the Constitution and that his 1991 parole hearing violated due process. In addition, Scott alleges various constitutional violations arising from the fact that his primary term has not been established. We have jurisdiction under 28 U.S.C. Sec. 2253 and affirm. 3 Scott, who committed first degree murder and robbery in…