Hess

*638 MEMORANDUM **

Willie Fern Hess appeals the district court’s denial of his 28 U.S.C. § 2254 petition for habeas corpus. In this petition, Hess challenges the November 2001 decision of the Oregon Board of Parole and Post-Prison Supervision (“Board”) to postpone his parole release date because it found that he exhibits “a psychiatric or psychological diagnosis of a present severe emotional disturbance such as to constitute a danger to the health or safety of the community.” Or.Rev.Stat. § 144.125(3) (1991). Hess argues that section 144.125(3) is unconstitutionally vague and that the Board violated the Ex Post Facto Clause by applying the statute to him. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253 and we affirm.

1. Vagueness

Oregon Revised Statute § 144.125(3) is not facially vague because it “allows the Board to make a ‘principled distinction’ between those whose parole should be postponed and those whose parole should not.” Hess v. Board of Parole and Post-Prison Supervision, 514 F.3d 909 (9th Cir.2008) (quoting Lewis v. Jeffers, 497 U.S. 764, 776 , 110 S.Ct. 3092 , 111 L.Ed.2d 606 (1990)). We further hold that it was not vague as applied to Hess in November 2001,…