Jeffrey J. Biggs v. Cal A. Terhune, Director of Wbs/jfm CDC California Board of Prison Terms Board of Prison Terms

California state prisoner Jeffrey Biggs (“Biggs”) appeals the district court’s denial of his petition for a writ of habeas corpus challenging the failure of the California Board of Prison Terms (“the Board”) to find him suitable for parole. Biggs argues that his procedural due process rights were violated when the Board found him unsuitable for parole.

I.

Biggs is currently serving a sentence of twenty-five years to life in prison with the possibility of parole following his 1985 conviction on charges of first-degree murder. The conviction stemmed from Biggs’ involvement in the 1981 murder of David Roberts.

Biggs worked for a company that trafficked in stolen computer parts. One of Biggs’ employers was arrested and charged with grand theft in connection with approximately $3 million in computer parts. David Roberts was to serve as a witness in that trial. Biggs was asked to kill Roberts; a request he refused, but he agreed to be involved in the ruse to murder him. Biggs was present at the location during the murder, paid money to the co-conspirators, and returned with the killer in an attempt to better conceal the body.

In March 1982, Biggs was convicted for attempting to…