Harold R. Terry, Petitioner-appellant, v. Ana M. Olivarez, Warden; Attorney General of the State Ofcalifornia, Respondents-appellees, 122 F.3d 1074 (9th Cir. 1997)

MEMORANDUM^* 

Harold R. Terry, a California state prisoner, appeals pro se the district court's dismissal of his habeas corpus petition pursuant to 28 U.S.C. § 2254. We have jurisdiction under 28 U.S.C. § 2253. We review de novo, see Calderon v. Prunty, 59 F.3d 1005, 1008 (9th Cir. 1995), and we affirm.

Terry contends that retrospective application of California's Determinate Sentencing Law to determine his parole suitability violates the Ex Post Facto Clause because it deletes language from the Indeterminate Sentencing Law that parole board members have "a broad background in and ability for appraisal of law offenders" and "insofar as practicable members shall be selected who have a varied and sympathetic interest in corrections work." This contention lacks merit because the Determinate Sentencing Law parole suitability guidelines apply the same criteria as those applied under the Indeterminate Sentencing Law, see Connor v. Estelle, 981 F.2d 1032, 1033-34 (9th Cir. 1992) (per curiam), and Terry fails to demonstrate that the amended criteria for parole board members has resulted in denial of his parole, see California Dep't. of Corrections v. Morales, 514 U.S. 499, 508-509 (1995); Johnson v. Gomez, 92 F.3d 964, 967 (9th Cir. 1996), cert. denied, 117 S. Ct. 1848 (1997). Accordingly, the district court properly dismissed the petition.

AFFIRMED.