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BURNETT v. LAMPERT

No. 04-35305.

432 F.3d 996 (2005)

Marc A. BURNETT, Petitioner-Appellant, v. Robert O. LAMPERT; Oregon Board of Parole and Post Prison Supervision, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 27, 2005.

Attorney(s) appearing for the Case

C. Renée Manes, Assistant Federal Public Defender, District of Oregon, Portland, OR, for the petitioner-appellant.

Carolyn Alexander, Assistant Attorney General, Portland, OR, for the respondent-appellee.

Before FISHER, GOULD and BEA, Circuit Judges.

FISHER, Circuit Judge.

The Oregon Board of Parole and Post-Prison Supervision ("Board") twice deferred Marc Alan Burnett's scheduled parole release date. Burnett argues that the Board's deferrals were unconstitutional and directly resulted in his suffering three years and eight months of unlawful imprisonment.

Burnett challenged the deferrals directly in state court and then with a habeas corpus petition in federal...

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