Marc A. Burnett v. Robert O. Lampert Oregon Board of Parole and Post Prison Supervision

The Oregon Board of Parole and Post-Prison Supervision (“Board”) twice deferred Marc Alan Burnett’s scheduled parole release date. Burnett argues that the Board’s deferrals were unconstitutional and directly resulted in his suffering three years and eight months of unlawful imprisonment.

Burnett challenged the deferrals directly in state court and then with a habeas corpus petition in federal district court. While his federal habeas petition was pending, he was released on parole. Before the' district court considered his petition, however, Burnett violated the conditions of his parole and he was reimprisoned, leading the district court to dismiss his habeas petition as moot. Burnett argues that his substantive constitutional claims are not moot because the court can reduce his current prison term (resulting from his parole violation) by the three years and eight months of allegedly illegal detention. Burnett does not challenge his original sentence or his reimprisonment following his parole violation, however. We review the district court’s decision to deny Burnett’s habeas petition de novo, see Leavitt v. Arave, 383 F.3d 809, 815 (9th Cir.2004) (per curiam) (as amended), and…