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RASKE v. MARTINEZ

No. 88-3101.

876 F.2d 1496 (1989)

Jeffrey RASKE, Petitioner-Appellee, v. Bob MARTINEZ, Governor, State of Florida, and Richard Dugger, Secretary, Department of Corrections, Respondents-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 11, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Department of Legal Affairs, Susan A. Maher, Asst. Atty. Gen., Tallahassee, Fla., for respondents-appellants.

Bava Harrison, Tallahassee, Fla., for petitioner-appellee.

Before TJOFLAT and EDMONDSON, Circuit Judges, and ATKINS, Senior District Judge.

TJOFLAT, Circuit Judge:

Under Florida law, a prisoner who behaves well and diligently performs assigned work can reduce his term of incarceration by earning "gain time." In the district court, petitioner Jeffrey Raske, an inmate in the Florida prison system, sought a writ of habeas corpus, claiming that a 1983 Florida statute which altered the amount and calculation of gain time constituted an unconstitutional ex post facto law as applied to prisoners such...

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