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ROYSTER v. FAUVER

No. 84-5887.

775 F.2d 527 (1985)

John ROYSTER, Appellant, v. William H. FAUVER and Christopher Dietz, Appellees.

United States Court of Appeals, Third Circuit.

Decided October 18, 1985.

Attorney(s) appearing for the Case

Joseph H. Rodriguez, Public Advocate-Public Defender, State of N.J., Leigh B. Bienen (argued), Asst. Deputy Public Defender, Special Projects Section, Department of Public Advocate, Trenton, N.J., for appellant.

Irwin I. Kimmelman, Atty. Gen., of N.J., James J. Ciancia, Asst. Atty. Gen., Catherine M. Brown (argued), Deputy Atty. Gen., Trenton, N.J., for appellees.

Before HIGGINBOTHAM, BECKER, Circuit Judges and COHILL, District Judge.

OPINION OF THE COURT

EDWARD R. BECKER, Circuit Judge.

This case, arising under 42 U.S.C. § 1983 (1982), requires us to consider whether the application of the New Jersey Parole Act of 1979, N.J.Stat.Ann. § 30:4-123.45 et seq. (West 1981 & Supp.1985), to a prisoner who committed an offense in 1968 is a violation of the ex post facto clause of the federal Constitution.1 Because the standards for parole eligibility...

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