Pettit

Pettit v. Lehman

Good Law
43 F. App'x 8
United States Court of Appeals for the Ninth CircuitMay 3, 2002No. 01-35390; D.C. No. CV-00-00762-RJBCalifornia655 words

Opinion

Lead Opinion

MEMORANDUM *

In his petition for a writ of habeas corpus, Gerald Pettit alleged that the Washington Department of Corrections (“DOC”) retroactively applied a later-enacted Washington statute to justify denying his earned early release from prison. He invoked the Ex Poste Facto and Due Process Clauses of the United States Constitution. The district court rejected his claims on the merits, and dismissed his petition. We dismiss Pettit’s appeal as moot.

As a result of good time credits, Pettit was eligible on March 16, 1999 for early release from prison to “community placement” to commence a 12-month term in community custody. Although he was eligible for such early release, the DOC denied his release into community placement until he submitted, and the DOC approved, a post-release residence address.

Pettit remained in prison until May 4, 2000, almost fourteen months after his earned early release date, at which time the DOC approved his proposed residence address and transferred him to community placement. His one-year term of community placement concluded on May 5, 2001. At the time of oral argument, the only outstanding component of Pettit’s sentence was his obligation to pay…

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