McBroom
McBroom v. Board of Prison Terms
Opinion
Lead Opinion
MEMORANDUM **
Lemonta Renna McBroom appeals pro se the district court’s denial of his 28 U.S.C. § 2254 habeas petition challenging the Board of Prison Term’s (“Board”) decision that he was not eligible for parole. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review the district court’s decision to deny a 28 U.S.C. § 2254 petition de novo, Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001), and we affirm.
McBroom contends that the Board violated his equal protection rights because he received disparate treatment in the setting of his parole dates from his co-defendants. Because there is a rational basis for this difference, there was no equal *422 protection violation. See McGinnis v. Royster, 410 U.S. 263, 269-70 , 93 S.Ct. 1055 , 35 L.Ed.2d 282 (reviewing difference in release dates under rational basis test, balancing state’s efforts to ensure prisoners are sufficiently prepared for release to protect public safety with prisoner’s interest in release); see also Williams v. Illinois, 399 U.S. 235, 243 , 90 S.Ct. 2018 , 26 L.Ed.2d 586 (1970) (stating there is no requirement that two persons convicted of same offense receive identical sentences).