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BROWN v. PALMATEER

No. 03-35618.

379 F.3d 1089 (2004)

Gilbert C. BROWN, Petitioner-Appellant, v. Joan PALMATEER, Superintendent, Oregon State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 17, 2004.

Attorney(s) appearing for the Case

Anthony D. Bornstein, Assistant Federal Public Defender, Portland, Oregon, for the petitioner-appellant.

Carolyn Alexander, Assistant Attorney General, Salem, Oregon, for the respondent-appellee.

Before FLETCHER, and TALLMAN, Circuit Judges.

Opinion by Judge GOODWIN; Dissent by Judge TALLMAN.

GOODWIN, Circuit Judge:

Petitioner Gilbert C. Brown alleges that his constitutional rights were violated when a statute, enacted after the commission of his crimes, was applied by the Oregon State Board of Parole and Post-Prison Supervision ("Board") to postpone his parole release date. He contends that this violation of the Ex Post Facto Clause constitutes a constitutional injury that compels reversal of...

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