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BUTLER v. APFEL

No. 97-15497.

144 F.3d 622 (1998)

Robert Burdett BUTLER, Plaintiff-Appellant, v. Kenneth S. APFEL, Acting Commissioner, Social Security Administration, Respondent and Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 14, 1998.

Attorney(s) appearing for the Case

Laura A. Aguilar, Jennifer A. Garcia, Dale H. Cardy, Law Students, Willie Jordan-Curtis, Ph.D., J.D., Tucson, Arizona, for plaintiff-appellant.

Donna W. Anderson, San Francisco, California, for defendant-appellee.

Before: GOODWIN, FLETCHER and D.W. NELSON, Circuit Judges.

PER CURIAM:

Robert Burdett Butler challenges the constitutionality of 42 U.S.C. § 402(x) which mandates the suspension of his social security benefits because he is a convicted felon currently incarcerated in prison. Butler claims that § 402(x) violates the due process and equal protection clauses of the Fifth Amendment and acts as an invalid ex post facto law and bill of attainder in violation of Article 9, Section 1. The district court dismissed Butler...

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