Hudson

Hudson v. Solis

Good Law
268 F. App'x 507
United States Court of Appeals for the Ninth CircuitFebruary 25, 2008No. 05-17431California314 words

Opinion

lead Opinion

MEMORANDUM **

Robert Steven Hudson, a California state prisoner, appeals from the district court’s judgment denying his habeas corpus petition brought under 28 U.S.C. § 2254 challenging the California Board of Prison Terms’ (“BPT”) 2003 decision denying him parole. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo a district court’s decision to deny a habeas corpus petition brought under § 2254, see Sass v. Cal. Bd. of Prison Terms, 461 F.3d 1123, 1126 (9th Cir.2006), and we affirm.

Appellee’s contention that there is no federally protected liberty interest in parole release in California is foreclosed. See id. at 1127-28 .

The 2003 decision of the BPT to deny Hudson parole did not violate his due process rights because some evidence supports the BPT’s decision. See Irons v. Carey, 505 F.3d 846, 851 (9th Cir.2007). Accordingly, the state court’s decision rejecting Hudson’s claim was not contrary to, and did not involve an unreasonable application of, clearly established federal law, as determined by the Supreme Court of the United States. See 28 U.S.C. § 2254 (d)(1); see also Irons, 505 F.3d at 851 .

The BPT did not violate the plea agreement when it denied…

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