Martinez

MEMORANDUM **

Luis Duenes Martinez appeals the district court’s denial.of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Martinez claims that the State violated the Ex Post Facto Clause of the United States Constitution because the credits to be applied to his sentence were limited by a statute that was not effective until after the date of his crimes. See U.S. Const, art. I, § 10, cl. 1. The district court found that because Martinez’s guilty plea was knowing and voluntary, the waiver of his ex post facto claim did not violate his constitutional rights. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a district court’s decision to deny a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 , and we affirm.

The credit limitation was referenced three times during Martinez’s plea hearing. First, the prosecutor stated:

(ER 16-17.) The trial court also informed Martinez that he would “be sentenced to twenty-six years in prison top/bottom” and that he would “be serving 85 percent of that term.” (ER 21-22.) Finally, the prosecutor stated: “I don’t know if it is this Court’s practice to advise regarding credits. It is the…