Henderson v. Scott

PAUL KELLY, Jr., Circuit Judge.

Petitioner-Appellant Rickey D. Henderson seeks to appeal from the denial of his habeas corpus petition brought pursuant to 28 U.S.C. § 2254. Mr. Henderson claims that the Oklahoma Pardon and Parole Board decreased the frequency of his parole reconsideration dates in violation of the Ex Post Facto Clause of the United States Constitution. Mr. Henderson’s petition concerns the execution of his sentence and under our precedent probably should be considered pursuant to 28 U.S.C. § 2241, rather than § 2254. Montez v. McKinna, 208 F.3d 862, 865 (10th Cir.2000).…