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FLEMMING v. OREGON BD. OF PAROLE

No. 92-35151.

998 F.2d 721 (1993)

Jerrold S. FLEMMING, Petitioner-Appellant, v. OREGON BOARD OF PAROLE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 12, 1993.

Attorney(s) appearing for the Case

Kathleen M. Correll, Asst. Federal Public Defender, Portland, OR, for petitioner-appellant.

Janet A. Metcalf, Asst. Atty. Gen., Salem, OR, for respondent-appellee.

Before: KILKENNY, TANG, and POOLE, Circuit Judges.

TANG, Circuit Judge:

Jerrold S. Flemming, an Oregon state prisoner, appeals the denial of his habeas corpus petition filed pursuant to 28 U.S.C. § 2254. Flemming contends that the district court erred in concluding that the Oregon Board of Parole ("Board") did not violate the Ex Post Facto Clause, U.S. Const. art. I, § 10, cl. 1, when it applied a regulation retroactively in calculating Flemming's parole release date. We agree and therefore reverse.

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