Robert Maxwell Kelch v. Director, Nevada Department of Prisons, and Ron Angelone

DAVID R. THOMPSON, Circuit Judge:

This is an appeal from the district court’s denial of a petition for habeas corpus filed pursuant to 28 U.S.C. § 2254 (1988). We have jurisdiction under 28 U.S.C. § 1291 (1988), and we affirm. We hold that the Nevada Board of Pardons Commissioners (“the Board”) did not deny Robert Maxwell Kelch, a Nevada state prisoner, substantive due process under the Fourteenth Amendment when it rescinded its earlier commutation of his sentence.

FACTS

In 1985, Kelch pleaded guilty to second degree murder of his wife. The trial court sentenced him to twenty years in prison,…