Quinlan

MEMORANDUM **

Kenneth William Quinlan appeals the district court’s denial in part and dismissal in part of his petition for habeas corpus. In his petition, Quinlan challenged a change in Idaho parole procedures, arguing that both facially and in its practical application, the change in procedures increased the measure of punishment accorded to his past crime of second-degree murder in violation of the Ex Post Facto Clause. We affirm.

In 1973, Quinlan was convicted of second-degree murder and sentenced to life in prison. He was previously granted parole on two occasions, but his parole was twice revoked for violations of its conditions. The second time, Quinlan was passed to his full term release date. When Quinlan was convicted in 1973, the Idaho Commission for Pardons and Parole (the “Commission”) required that a parole reconsideration hearing be held no less than every thirty months. In 1987, the Commission changed its rules to delete the thirty-month requirement. In its place, the Commission adopted a rule that in order to receive a reconsideration hearing, an inmate must request reconsideration through a self-initiated progress report (“SIPR”). Idaho Admin. Code…