Ronald R. Weaver v. Manfred Maass

Ronald Weaver appeals the district court’s denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Weaver argues that the district court erred in holding that the Oregon Parole Board did not violate the Ex Post Facto Clause of the United States Constitution' when it applied a parole rule promulgated after his offenses, and when it refused to abide by a statement that it would reconsider its refusal to place him in Oregon’s statutory sentencing matrix. Weaver also argues that the district court erred in failing to hold that due process compels the Board to reconsider its decision not to place him in the matrix, and asserts that the Board is estopped from refusing to do so. We have jurisdiction, 28 U.S.C. § 1291 , and we affirm.

I

Weaver pled guilty to several charges involving rape and sodomy in 1983, and was sentenced to 70 years in prison with a judicially imposed minimum sentence of 35 years (420 months). On November 16,1983, Weaver appeared before the Oregon Board of Parole for a “prison term hearing” mandated by statute. Or.Rev.Stat. 144.120 (1977). By statute, a prisoner was not to be released until the expiration of his judicially imposed minimum term unless…