Jerome Thomas, Ii, Petitioner-appellee, v. Art Calderon, Respondent-appellant, 60 F.3d 835 (9th Cir. 1995)

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US Court of Appeals for the Ninth Circuit - 60 F.3d 835 (9th Cir. 1995) Submitted June 26, 1995. *Decided July 3, 1995

Appeal from the United States District Court, for the Northern District of California, D.C. No. CV-93-02078-MHP; Marilyn H. Patel, District Judge, Presiding.

N.D. Cal.

REVERSED.

Before: O'SCANNLAIN, LEAVY and HAWKINS, Circuit Judges.

MEMORANDUM** 

Art Calderon, Warden of San Quentin State Prison, appeals the district court's grant of state prisoner Jerome Thomas II's petition for writ of habeas corpus under 28 U.S.C. § 2254, concluding that the postponement of annual parole suitability hearings violated the proscription against ex post facto laws. We reverse and remand for the district court's consideration of California Dep't of Corrections v. Morales, 115 S. Ct. 1597 (1995).

REVERSED AND REMANDED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir. R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3

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