Jenkins

Jenkins v. Schiedler

Good Law
197 F. App'x 551
United States Court of Appeals for the Ninth CircuitAugust 8, 2006No. 05-35443California385 words

Opinion

Lead Opinion

MEMORANDUM *

Oregon state prisoner Michael Jenkins appeals the judgment denying his petition for relief under 28 U.S.C. § 2254 . His only constitutional question is whether Or. Rev.Stat. § 144.125(3), enacted in 1981, after his conviction of felonies in 1979, when an earlier version of Oregon’s prison parole release system was in effect, violates the rule against ex post facto application of criminal laws. We affirm the judgment.

The earlier Oregon parole statute had been held unconstitutional in part in litigation in the United States District Court for the District of Oregon, and the state Legislative Assembly amended the law. The earlier law had permitted the state to postpone parole release of any prisoner with a psychiatric diagnosis of present severe emotional disturbance. The amended law provided: “If a psychiatric or psychological diagnosis of present severe emotional disturbance such as to constitute a danger to the health or safety of the community has been made with respect to the prisoner, the board may order the postponement of the scheduled release date until a specified future date.” Or.Rev.Stat. § 144.125(3) (1981) (emphasis added).

Pursuant to the amended…

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