Eddie Roy Gay v. Stephen F. Pontesso, Warden

86 F.3d 1162 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eddie Roy GAY, Petitioner-Appellant, v. Stephen F. PONTESSO, Warden, Respondent-Appellee. No. 95-16596. United States Court of Appeals, Ninth Circuit. Submitted May 20, 1996. * Decided May 29, 1996. Before: BROWNING, REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Eddie Roy Gay, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2241 habeas petition challenging the forfeiture of his street time credit. Gay contends that the United States Parole Commission ("Commission") violated his due process rights by forfeiting his street time and that the forfeiture violated the Ex Post Facto Clause of the Constitution. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo, Vargus v. United States Parole Comm'n, 865 F.2d 191, 194 (9th Cir.1988), and affirm. 3 On April 26, 1976, Gay was convicted of conspiracy to possess and distribute, and possession with…