Charry

Guillermo Charry appeals the district court’s grant of summary judgment in favor of defendants with respect to Charry’s claim under 42 U.S.C. § 1983 that his equal protection and due process rights were violated when time spent on parole was not credited toward his sentence of confinement, allegedly resulting in Charry serving more time with the California Youth Authority (“CYA”) than a similarly situated youthful felon committed to adult custody would have been required to serve. Because we conclude that Charry did not serve any more time under CYA authority than he would have served if committed as an adult, we affirm.

BACKGROUND

Charry was arrested for robbery in April 1980, when he was sixteen years old. Pursuant to California Welfare & Institutions (‘W & I”) Code § 707, he was deemed unfit for the juvenile court system and was instead treated as an adult. As a result of a plea bargain, Charry plead guilty and was convicted of armed robbery in Los Angeles County Superior Court on October 29,1980. On that date, he received the maximum sentence, i.e., five years for robbery and one additional year for possession of a firearm, was committed to the CYA pursuant to W & I Code §…