Willie Henry Williams, Petitioner-appellant, v. C.e. Floyd, Warden, Respondent-appellee, 85 F.3d 639 (9th Cir. 1996)
Annotate this CaseBefore: BROWNING, REINHARDT, and FERNANDEZ, Circuit Judges.
MEMORANDUM**
Willie Henry Williams, a federal prisoner sentenced under pre-Sentencing Guidelines law, appeals pro se the denial of his 28 U.S.C. § 2241 habeas corpus petition challenging the United States Parole Commission's May 11, 1992 decision not to set a parole date for him. Williams contends the Ex Post Facto Clause required the Parole Commission to apply the original version of 18 U.S.C. § 3551(b) (3) and set a parole date within his parole guidelines by November 1, 1992. This contention is precluded by our holding that § 3551(b) (3) took effect on November 1, 1987, after Williams committed his crime. See United States v. Paskow, 11 F.3d 873, 877 (9th Cir. 1994) (ex post facto violation requires retrospective application of adverse change in law); Evenstad v. United States, 978 F.2d 1154, 1158 (9th Cir. 1992) (effective date of § 3551(b) (3)).
AFFIRMED.
The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4. Appellant's motion for release pending appeal is denied as moot
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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