Legal Opinion

Allen v. Belleque

Court of Appeals for the Ninth Circuit

Decided April 16, 2010No. 07-35860Unpublished

1Opinion of the Court

MEMORANDUM **

Oregon state prisoner James Randy Allen appeals from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

Allen contends that the Oregon Board of Parole and Post-Prison Supervision violated the ex post facto clause of the United States Constitution when, in 2003, it retroactively applied Or. Rev. Stat. § 163.115(5)(e) to (e) (1999) to set a parole hearing for Allen, to be held after he serves the 25-year mandatory minimum sentence under § 163.115(5)(b). Specifically, Allen contends that at the…

2Cases cited4 opinions

  1. Miller v. FloridaSupreme Court of the United States · 1987
  2. Raymond Edward Middleton v. Hoyt C. Cupp, Superintendent, Oregon State PenitentiaryCourt of Appeals for the Ninth Circuit · 1985
  3. State v. FrancisCourt of Appeals of Oregon · 1998
  4. State v. HaynesCourt of Appeals of Oregon · 2000

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