Donald R. Lewis v. Eddie Ylst, Warden

56 F.3d 71 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donald R. LEWIS, Petitioner-Appellant, v. Eddie YLST, Warden, Respondent-Appellee. No. 94-16802. United States Court of Appeals, Ninth Circuit. Submitted May 16, 1995. * Decided May 18, 1995. Before: WALLACE, Chief Judge, HUG and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Donald Ray Lewis, a California state prisoner sentenced under California's Indeterminate Sentencing Law (ISL), appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition. He contends that the Board of Prison Terms violated the ex post facto clause by applying Determinate Sentencing Law (DSL) guidelines in determining his suitability for parole. He also contends that the application of the DSL guidelines violated his right to substantive due process. We have jurisdiction under 28 U.S.C. Sec. 2253 , and we affirm. "[T]he application of the DSL parole-suitability guidelines to prisoners sentenced under the ISL does not…