Caughey

MEMORANDUM *

Petitioner Gary Caughey appeals the denial of his petition for habeas corpus on the grounds that the Oregon State Board of Parole and Post-Prison Supervision (the “Board”) violated his constitutional rights as provided by the Ex Post Facto Clause by retroactively applying an administrative rule in postponing his parole reconsideration date. Caughey fails to demonstrate that his constitutional rights have been violated, and we affirm the district court.

Caughey was convicted in 1973 of first degree rape and second degree kidnapping. He received a ten-year sentence for the kidnapping conviction and a twenty-year consecutive sentence for the rape. On March 4, 1985, Caughey elected to proceed under Oregon’s sentencing matrix. Caughey was released on conditional parole on April 30, 1986, and was paroled on July 18, 1986. On July 19, Caughey was arrested for new criminal conduct, causing the Board to revoke his parole. Subsequently, Caughey pled guilty to one count of kidnapping for his 1986 crimes and received a thirty-year sentence with a fifteen-year minimum to be served “consecutive to any sentence received on the parole violation.” The Board upheld the fifteen-year…