Connor v. Estelle, No. 91-55889

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtPER CURIAM
Citation981 F.2d 1032
PartiesEugene Fred CONNOR, Petitioner-Appellant, v. Wayne ESTELLE, Warden, Respondent-Appellee.
Docket NumberNo. 91-55889
Decision Date08 October 1992

Page 1032

981 F.2d 1032
Eugene Fred CONNOR, Petitioner-Appellant,
v.
Wayne ESTELLE, Warden, Respondent-Appellee.
No. 91-55889.
United States Court of Appeals,
Ninth Circuit.
Submitted Oct. 8, 1992 *.
Decided Oct. 26, 1992.
As Amended Dec. 31, 1992.

Page 1033

Eugene Fred Connor, in pro per.

Jane Catherine Malich, Deputy Atty. Gen., Los Angeles, CA, for respondent-appellee.

Appeal from the United States District Court for the Central District of California.

Before: BROWNING, THOMPSON and KLEINFELD, Circuit Judges.

PER CURIAM:

Eugene Fred Connor appeals pro se the denial of his habeas corpus petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

Connor was convicted of first-degree murder and sentenced to life imprisonment under California's Indeterminate Sentencing Law (ISL). Following his sentencing, California repealed the ISL and enacted the current Determinate Sentencing Law (DSL). Connor has been considered for parole under the DSL's guidelines on four separate occasions. Each time he was found unsuitable for release.

The DSL adopted a two-stage approach to parole decisions. First, a prisoner must be found suitable for parole under the DSL guidelines. Once this occurs, a date is set for his release. Connor argues that by considering him for parole under the DSL guidelines, rather than the ISL guidelines, the Board of Prison Terms (BPT) violated the prohibition against ex post facto laws. He also contends the BPT denied him equal protection under the law and violated his right to due process.

DISCUSSION

"The ex post facto prohibition forbids the Congress and the States to enact any law 'which imposes a punishment for an act which was not punishable at the time it was committed; or imposes additional punishment to that then prescribed.' " Weaver v. Graham, 450 U.S. 24, 28, 101 S.Ct. 960, 964, 67 L.Ed.2d 17 (1981) (quoting Cummings v. Missouri, 4 Wall. 277, 325-26, 18 L.Ed. 356 (1867)). For a law to be ex post facto, "it must apply to events occurring before its enactment, and it must disadvantage the offender affected by it." Id. 450 U.S. at 29, 101 S.Ct. at 964.

Connor's first contention is that by applying the DSL guidelines to determine his suitability for parole the BPT violated the prohibition against ex post facto laws. However, the DSL guidelines require consideration of the same criteria as did the

Page 1034

ISL. 1 See In re Duarte, 143 Cal.App.3d 943, 951, 193 Cal.Rptr. 176 (1983) (holding that the application of the DSL guidelines to a prisoner sentenced under the ISL did not violate the ex post facto clause); In re Seabock, 140 Cal.App.3d 29, 40, 189 Cal.Rptr. 310 (1983) (same).

We agree with the California courts that have considered the issue and hold that the application of the DSL parole-suitability guidelines to prisoners sentenced under the ISL does not disadvantage them, and therefore does not violate the federal constitutional prohibition against ex post facto laws. 2

Connor also asserts...

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48 practice notes
  • In re Riley, A137349
    • United States
    • California Court of Appeals
    • May 22, 2014
    ...used to reach a decision." ( Duarte, at p. 950, 193 Cal.Rptr. 176 [italics added]; see also Connor v. Estelle (9th Cir.1992) 981 F.2d 1032, 1033.)As both Seabock and Duarte recognized, with respect to the determination of an inmate's release date, in the change from the ISL to the DSL,......
  • Thomas v. Yates, No. 1:05-cv-01198-LJO-JMD-HC.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • June 17, 2009
    ...operated to his disadvantage") (citing Weaver v. Graham, 450 U.S. 24, 29, 101 S.Ct. 960, 67 L.Ed.2d 17 (1981)); Connor v. Estelle, 981 F.2d 1032 (9th Cir.1992) (rejecting claim on the grounds that prisoner had not been disadvantaged by retroactive parole statute). The Ninth Circuit's e......
  • Moore v. Williams, No. C 94-0097.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • September 29, 1995
    ...parties, but not when 902 F. Supp. 966 those officers were sued by the corporate party to the agreement, they could have said so. Atari, 981 F.2d at 1032. The court rejected reliance by the district court on its conclusion that "agreements by corporations to indemnify corporate executi......
  • In re Riley, A137349
    • United States
    • California Court of Appeals
    • May 22, 2014
    ...the criteria used to reach a decision.” ( Duarte, at p. 950, 193 Cal.Rptr. 176 [italics added]; see also Connor v. Estelle (9th Cir.1992) 981 F.2d 1032, 1033.) As both Seabockand Duarterecognized, with respect to the determination of an inmate's release date, in the change from the ISL to t......
  • Request a trial to view additional results
48 cases
  • In re Riley, A137349
    • United States
    • California Court of Appeals
    • May 22, 2014
    ...used to reach a decision." ( Duarte, at p. 950, 193 Cal.Rptr. 176 [italics added]; see also Connor v. Estelle (9th Cir.1992) 981 F.2d 1032, 1033.)As both Seabock and Duarte recognized, with respect to the determination of an inmate's release date, in the change from the ISL to the DSL,......
  • Thomas v. Yates, No. 1:05-cv-01198-LJO-JMD-HC.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • June 17, 2009
    ...operated to his disadvantage") (citing Weaver v. Graham, 450 U.S. 24, 29, 101 S.Ct. 960, 67 L.Ed.2d 17 (1981)); Connor v. Estelle, 981 F.2d 1032 (9th Cir.1992) (rejecting claim on the grounds that prisoner had not been disadvantaged by retroactive parole statute). The Ninth Circuit's e......
  • Moore v. Williams, No. C 94-0097.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • September 29, 1995
    ...parties, but not when 902 F. Supp. 966 those officers were sued by the corporate party to the agreement, they could have said so. Atari, 981 F.2d at 1032. The court rejected reliance by the district court on its conclusion that "agreements by corporations to indemnify corporate executi......
  • In re Riley, A137349
    • United States
    • California Court of Appeals
    • May 22, 2014
    ...the criteria used to reach a decision.” ( Duarte, at p. 950, 193 Cal.Rptr. 176 [italics added]; see also Connor v. Estelle (9th Cir.1992) 981 F.2d 1032, 1033.) As both Seabockand Duarterecognized, with respect to the determination of an inmate's release date, in the change from the ISL to t......
  • Request a trial to view additional results

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