John J. Rodriguez v. United States Parole Commission and Metropolitan Correctional Center, Robert Elsea, Warden

TONE, Circuit Judge.

The issue raised on this appeal is whether the ex post facto clause of the United States Constitution, Art. I, § 9, is violated by the retroactive application of an administrative regulation that denies a prisoner sentenced under 18 U.S.C. § 4205(b)(2) any meaningful consideration for parole. The district court answered in the affirmative; we agree and therefore affirm.

Petitioner John Rodriguez was prosecuted and convicted in early 1977 of having made false statements to a government agency and having used the mails to defraud in 1974 and 1975. The charges were presumably…