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ROLLER v. CAVANAUGH

No. 91-6688.

984 F.2d 120 (1993)

Gary Lee ROLLER, Plaintiff-Appellant, v. Michael J. CAVANAUGH, Executive Director of the South Carolina Department of Probation, Parole, and Pardon Services; South Carolina Department of Probation, Parole, and Pardon Services, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 15, 1993.

Attorney(s) appearing for the Case

W. Gaston Fairey, Fairey & Parise, P.A., Columbia, SC, argued, for plaintiff-appellant.

Carl Norman Lundberg, Chief Legal Counsel, South Carolina Dept. of Probation, Parole & Pardon Services, Columbia, SC, argued (Edwin E. Evans, Chief Deputy Atty. Gen., on brief), for defendants-appellees.

Before RUSSELL and HALL, Circuit Judges, and MORGAN, United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

K.K. HALL, Circuit Judge:

Gary Lee Roller appeals an order of the district court granting summary judgment for the defendants in Roller's 42 U.S.C. § 1983 suit challenging the frequency of his parole reconsideration hearings. We must decide whether a statutory amendment increasing the length of time between parole reconsiderations from every year to every two years is an unconstitutional ex post facto law if applied to prisoners whose...

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