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COX v. McCARTHY

No. 87-1645.

829 F.2d 800 (1987)

David L. COX, Michael Hartnett, individually and on behalf of all others similarly situated, Petitioners-Appellants, v. Dan McCARTHY, Director, California Department of Correction, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 1, 1987.

Attorney(s) appearing for the Case

Michael Satris, Bolinas, Cal., for petitioners/appellants.

Richard Thomson, Sacramento, Cal., for respondents/appellees.

Before CHAMBERS, SNEED and TANG, Circuit Judges.

SNEED, Circuit Judge:

Two petitioners challenge in habeas corpus the constitutionality of a 1984 amendment to the California Penal Code as applied to them. They invoke the Ex Post Facto Clause of the United States Constitution. The district court rejected this claim on the merits. We dismiss because the cases are now moot.

I.

FACTS AND PROCEEDINGS

Under Cal.Penal Code § 3057(c), which took effect on January 1, 1984, persons imprisoned...

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