Alexander

Alexander v. Belleque

Good Law
152 F. App'x 578
United States Court of Appeals for the Ninth CircuitOctober 13, 2005No. 04-36017; D.C. No. CV-02-01648-TMCalifornia659 words

Opinion

Lead Opinion

MEMORANDUM *

Kenyatta Alexander appeals the district court’s denial of his petition for a writ of habeas corpus, which petition claims the Oregon State Board of Parole and Postprison Supervision (“Board”) violated the Ex *579 Post Facto Clause of the Constitution in denying him a paroled release. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we affirm.

Because the parties are familiar with the facts and procedural history of the case, we do not recite them in detail here except as necessary to our decision.

I. Standard of Review

We review the district court’s denial of a writ of habeas corpus de novo. Himes v. Thompson, 336 F.3d 848, 852 (9th Cir. 2003). Because Alexander filed his petition for federal habeas corpus relief on December 9, 2002, his petition is subject to the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Under AEDPA, the federal courts cannot grant habeas relief unless the state court’s adjudication of the federal claim “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254 (d)(1);…

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