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CASWELL v. CALDERON

No. 02-17177.

363 F.3d 832 (2004)

Steven H. CASWELL, Petitioner-Appellant, v. Arthur CALDERON, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 18, 2004.

Attorney(s) appearing for the Case

Eric S. Multhaup, Esq., Mill Valley, CA, for the petitioner-appellant.

Michael J. Williams, Esq. and Stephen W. Perkins, Esq., Sacramento, CA, for the respondent-appellee.

Before O'SCANNLAIN, TASHIMA, Circuit Judges, and MATZ, District Judge.

MATZ, District Judge.

INTRODUCTION

On this appeal from the District Court's denial of a habeas corpus petition and denial of leave to amend the petition, we are presented with two issues. First, is the claim of petitioner Steven H. Caswell that the California Board of Prison Terms ("the Board") violated the Ex Post Facto Clause when it calculated his term of confinement moot, because he has already served the sentence the Board initially imposed and remains...

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