Leslie Arthur Whaley v. Oregon Board of Parole

83 F.3d 430 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Leslie Arthur WHALEY, Petitioner-Appellant, v. OREGON BOARD OF PAROLE, Respondent-Appellee. No. 95-35568. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 8, 1996. Decided April 25, 1996. Before: REINHARDT, KOZINSKI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Leslie Arthur Whaley, an Oregon state prisoner, appeals the district court's denial of his motion to reconsider the dismissal of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Whaley claims that the Oregon Board of Parole violated his constitutional rights when it denied him assistance at his parole hearing, conducted a parole hearing in his absence and miscalculated his sentencing matrix for his 1989 rape and kidnapping convictions. We affirm. 1 DISCUSSION A. General 3 When a state parole statute creates an expectation of parole it also gives rise to a liberty interest that is protected by the Due Process Clause.…