Robert Eugene Beene v. Cal A. Terhune James Nielson Roger Schaufel J.M. Widener, Parole Agent
Opinion
Opinion
Fletcher, J.
Robert Eugene Beene brings this 42 U.S.C. § 1983 action, alleging that he was erroneously required to register as a sex offender under California Penal Code § 290 for an offense he committed as a juvenile in Arkansas in 1972. Beene alleged in his complaint that defendants/appellees James Nielson, Chairman of the Board of Prison Terms; Pat Davis, his parole hearing officer; Roger Schaufel, Deputy Commissioner of the Board of Prison Terms; and J.M. Widener, his parole officer violated § 290 and his right to equal protection and due process by revoking his parole for failing to register. We review the district court’s grant of summary judgment de novo and we affirm. See Diruzza v. County of Tehama, 323 F.3d 1147, 1152 (9th Cir.2003) (stating standard of review).
I.
In November 1972, when Beene was sixteen years old, he pled guilty to assault with intent to rape in Pulaski County, Arkansas. Beene was sentenced to five years probation and given a fifteen year suspended sentence. There is no record evidence indicating that the Arkansas circuit court sentenced Beene as a juvenile; rather, his suspended sentence was for fifteen years in the Arkansas State Penitentiary.