Everist

Everist v. Czerniak

Good Law
114 F. App'x 775
United States Court of Appeals for the Ninth CircuitAugust 6, 2004No. 03-35943. D.C. No. CV-02-00386-AJBCalifornia418 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner Stanley Everist appeals the district court’s denial of his petition for habeas corpus, alleging violations of his rights under the Ex Post Facto Clause. He contends that the Oregon courts unreasonably applied federal law in refusing to find that the Oregon State Board of Parole and Postr-Prison Supervision (“Board”) postponed his parole release date pursuant to a statute enacted after the commission of his crimes. We affirm.

To succeed on an Ex Post Facto claim, a petitioner must show that the state courts’ decisions were unreasonable applications of the two-step test laid out by the Supreme Court. Application of a law will not violate the Ex Post Facto Clause unless it is 1) retroactive, “apply[ing] to events occurring before its enactment,” Weaver v. Graham, 450 U.S. 24, 29 , 101 S.Ct. 960, 67 L.Ed.2d 17 (1981); and 2) detrimental, “producing] a sufficient risk of increasing the measure of punishment attached to the covered crimes.” Calif. Dep’t of Corr. v. Morales, 514 U.S. 499, 509 , 115 S.Ct. 1597 , 131 L.Ed.2d 588 (1995).

*776 The Board appropriately applied the version of the statute in effect when Everist committed his crimes in 1987. At the time…

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