Robert JOHNSON, Petitioner-Appellant, v. Al GOMEZ; Attorney General of the State of California, Respondents-Appellees

SCHROEDER, Circuit Judge:

Robert Johnson is a California state prisoner who appeals the district court’s denial of his 28 U.S.C. § 2254 petition claiming that application of a 1988 change in the California Constitution violated the Ex Post Facto Clauses of the United States and California constitutions. The change authorized discretionary gubernatorial review of the Board of Prison Term’s (“BPT”) parole decisions regarding prisoners convicted of murder and sentenced to an indeterminate term. Johnson, who was in this class, was approved for parole and scheduled to be released the day after the…