Legal Opinion

Roof v. Oregon State Board of Parole & Post-Prison Supervision

Court of Appeals for the Ninth Circuit

Decided September 18, 2006No. 03-35399Published

1Opinion of the Court

MEMORANDUM **

Franklin David Roof, an Oregon state prisoner, appeals from the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition. We have jurisdiction under 28 U.S.C. § 2253. We review the dismissal of Roofs petition de novo, see Hubbart v. Knapp, 379 F.3d 773, 778 (9th Cir.2004), and we affirm.

We reject Roofs argument that the Board of Parole and Post-Prison Supervision (“Board”) violated state rules by failing to “wipe out” his entire 20-year sentence for his 1983 burglaries when he received consecutive sentences for later offenses while on parole. Oregon Administrative…

2Cases cited4 opinions

  1. Christopher Evans Hubbart v. Robert Knapp Atascadero State HospitalCourt of Appeals for the Ninth Circuit · 2004
  2. Belgarde v. MontanaCourt of Appeals for the Ninth Circuit · 1997
  3. Roof v. Board of ParoleCourt of Appeals of Oregon · 1987
  4. State Ex Rel. Caughey v. MiddleCourt of Appeals of Oregon · 2000

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