Montue

Montue v. California Department of Corrections

Good Law
48 F. App'x 654
United States Court of Appeals for the Ninth CircuitOctober 10, 2002No. 01-16845; D.C. No. CV-98-01580-LKK/JFMCalifornia327 words

Opinion

Lead Opinion

MEMORANDUM **

John C. Montue appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition following the California Board of Prison Terms’ decision to deny him a parole date. We have jurisdiction pursuant to 28 U.S.C. § 2254 . We review de novo, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and affirm.

Montue contends the Board of Prison Terms violated his right to due process when it determined that he was not suitable for parole. 1 We reject this contention *655 because the Board of Prison Terms gave Montue a hearing and explained the reasons for its determination. See Greenholtz v. Nebraska Penal Inmates, 442 U.S. 1, 16 , 99 S.Ct. 2100 , 60 L.Ed.2d 668 (1979) (stating that the Constitution does not require more than giving an inmate the opportunity to be heard and informing him why he did not qualify for parole).

After conducting a hearing, the parole board informed Montue that he was not suitable for parole release because: he would pose an unreasonable risk of danger and a threat to public safety; he failed to participate sufficiently in self-help and therapy programs as previously recommended by the parole board; and his psychiatric report did not…

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