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JOHNSON v. WAINWRIGHT

No. 85-5052 Non-Argument Calendar.

772 F.2d 826 (1985)

Patrick JOHNSON, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary of Florida Department of Offender Rehabilitation, and Kenneth Simmons, etc., Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 30, 1985.

Attorney(s) appearing for the Case

Sheryl J. Lowenthal, Coral Gables, Fla., for petitioner-appellant.

Frank Migliore, Jr., Asst. Atty. Gen., Tampa, Fla., for L. Wainwright.

Kurt Ahrendt, Tallahassee, Fla., for Florida Parole.

Before GODBOLD, Chief Judge, HILL and ANDERSON, Circuit Judges.

PER CURIAM:

Appellant contends that when Florida adopted the Objective Parole Guidelines Act (OPGA), Fla.Stat.Ann. 947.001-.24 (1983 Supp.), and applied them to him, it violated the constitutional prohibition against passing ex-post-facto laws. Prior to OPGA the parole commission had discretion to release prisoners on a case-by-case basis in light of several relevant factors. OPGA, in an effort to eliminate the arbitrariness and capriciousness that had crept into...

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