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HIMES v. THOMPSON

No. 01-35311.

336 F.3d 848 (2003)

Robert Lewis HIMES, Petitioner-Appellant, v. S. Frank THOMPSON, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted July 10, 2003.

Filed July 10, 2003.

Attorney(s) appearing for the Case

Bryan E. Lessley, Assistant Federal Public Defender, Office of the Federal Public Defender, Eugene, OR, for the petitioner-appellant.

Janet A. Metcalf, Assistant Attorney General, Office of the Attorney General for the State of Oregon, Salem, OR, for the respondent-appellee.

Before B. FLETCHER, O'SCANNLAIN and BERZON, Circuit Judges.

OPINION

BERZON, Circuit Judge.

The Oregon State Board of Parole and Post-Prison Supervision ("the Board of Parole") found that Robert Lewis Himes had violated the terms of his parole and ordered him re-incarcerated to serve twenty-nine and one half additional years. The Board of Parole based its decision on parole regulations more onerous than those in place at the time Himes committed the offense for which he was incarcerated. The question for decision...

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