Lancaster v. Board of Prison Terms

MEMORANDUM **

California state prisoner David Gene Lancaster appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo a district court’s decision to deny a § 2254 petition, McQuillion v. Duncan, 306 F.3d 895, 899 (9th Cir.2002), and we affirm.

Lancaster contends that the California Board of Prison Terms’ (the “Board”) decision to deny him parole violated his due process rights. We conclude that it was permissible for the Board to rely upon the commitment offense in determining Lancaster’s suitability at his initial parole consideration hearing and that there was “some evidence” to support the Board’s denial of parole. See Irons v. Carey, 479 F.3d 658, 662-66 (9th Cir.2007); Sass v. Cal. Bd. of Prison Terms, 461 F.3d 1123, 1128 (9th Cir.2006); Biggs v. Terhune, 334 F.3d 910, 916 (9th Cir.2003).

Lancaster also contends that his due process rights were violated because the Board allegedly is comprised of a high number of ex-law enforcement officials and therefore is not representative of the people of California. To the extent Lancaster is raising a claim based on state law, the…