David Schwindling v. Melba Smith, Records Supervisor, Cummins Unit Steve Clark, Attorney General, State of Arkansas

ARNOLD, Circuit Judge.

This is an action under 42 U.S.C. § 1983 brought by a prison inmate, David Schwindling, to challenge the validity under the Due Process Clause of the Fourteenth Amendment of Act 93 of 1977, Ark.Stat.Ann. §§ 43 — 2828-30. The effect of the challenged Act, in Schwindling’s case, is to lengthen the time before he will be eligible for parole because he is a fourth offender, having been convicted three times of felonies before the conviction for which he is now serving time.

Schwindling’s principal objection turns on the fact that the court which sentenced him did not find…