Legal Opinion

James Lyons v. Jake Mendez, Warden Us Parole Commission

Court of Appeals for the Third Circuit

Decided September 9, 2002No. 00-2822PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

James Lyons appeals pro se from the District Court order denying his petition for a writ of habeas corpus. He claims that the Parole Commission improperly postponed his release date beyond the guideline range by relying on a 1987 amendment to the Sentencing Reform Act (“SRA”) that authorized upward departures but that such departures were not authorized when Lyons committed his crimes in 1986. Lyons argues that this 1987 amendment operates as an ex post facto law and is therefore unconstitutional as applied to him. We agree with Lyons’s ex post facto argument and therefore…

3Cases cited18 opinions

  1. Weaver v. GrahamSupreme Court of the United States · 1981
  2. Plaut v. Spendthrift Farm, Inc.Supreme Court of the United States · 1995
  3. J. E. M. Ag Supply, Inc. v. Pioneer Hi-Bred International, Inc.Supreme Court of the United States · 2001
  4. United States v. Martinez-ZayasCourt of Appeals for the Third Circuit · 1988
  5. Carmine Romano v. Dennis Luther, Warden, and Benjamin F. Baer, ChairmanCourt of Appeals for the Second Circuit · 1987

13 more not listed; retrieve them via the Exa API.

4Cited by12 opinions

  1. Wilson v. FullwoodDistrict Court, District of Columbia · 2011
  2. Metro One Telecommunications, Inc. v. CommissionerCourt of Appeals for the Ninth Circuit · 2012
  3. Bledsoe v. United StatesCourt of Appeals for the Tenth Circuit · 2004
  4. Wilson v. United States Parole CommissionCourt of Appeals for the Third Circuit · 2011
  5. Hackley v. BledsoeCourt of Appeals for the Third Circuit · 2009

7 more not listed; retrieve them via the Exa API.

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