Cuevas

Cuevas v. Ayers

Good Law
28 F. App'x 643
United States Court of Appeals for the Ninth CircuitDecember 27, 2001No. 00-17214; D.C. No. CV-99-02750-CALCalifornia405 words

Opinion

Lead Opinion

MEMORANDUM **

California prisoner John C. Cuevas appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition, challenging his denial of parole. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and affirm.

Cuevas contends California’s Indeterminate Sentencing Law violates the Ex Post Facto Clause. We review a district court’s denial of a habeas petition de novo. See Duhaime v. Ducharme, 200 F.3d 597, 600 (9th Cir.1999).

Cuevas’ contention is without merit because his 7-years-to-life sentence was not greater than that permitted by the law in effect when he was sentenced. As such, there was no ex post facto violation. See Morales v. California Dep’t of Corrections, 16 F.3d 1001 , 1005-06 (9th Cir.1994), overruled on other grounds by 514 U.S. 499 , 115 S.Ct. 1597 , 131 L.Ed.2d 588 (1995); Johnson v. Gomez, 92 F.3d 964, 968 (9th Cir.1996); see also Morales, 514 U.S. at 514 (noting change in method in fixing parole release date did not violate Ex Post Facto Clause).

We further reject Cuevas’ contention that the Board of Prison Terms’ hearing violated his due process rights. A parole board’s decision satisfies due process “if some evidence supports the decision.”…

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