Lewis v. Sampson, No. 09-1091 (6th Cir. 2011)
Annotate this CasePlaintiff, serving a non-parolable life sentence in a Michigan prison, sued the parole board (42 U.S.C. 1983), claiming that its change in policies concerning when it recommends commutation violated the Ex Post Facto Clause. The district court dismissed. The Sixth Circuit affirmed. Both the former and current policies give the parole board complete discretion in deciding whether to recommend commutation of a prisoner’s sentence to the governor. Commutation is left entirely to the discretion of the governor and plaintiff did not allege facts sufficient to show a significant risk of an increased prison term because of the changes in policies.
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