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HESS v. BD. OF PAROLE AND POST-PRISON SUPERVISION

No. 06-35963.

514 F.3d 909 (2008)

Willie F. HESS, Petitioner-Appellant, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 29, 2008.

Attorney(s) appearing for the Case

Anthony D. Bornstein, Federal Public Defender's Office, Portland, OR, for the petitioner-appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, Carolyn Alexander (argued), Assistant Attorney General, Janet A. Metcalf, Assistant Attorney General, Office of the Oregon Attorney General, Salem, OR, for the respondent-appellee.

Before: RAYMOND C. FISHER and MARSHA S. BERZON, Circuit Judges, and JUDITH M. BARZILAY, Judge.

FISHER, Circuit Judge:

Willie Fern Hess appeals from the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. He asserts that Oregon Revised Statute § 144.125(3) (1991),1 which allows the Parole Board to postpone his parole release date if it finds he has "a psychiatric or psychological diagnosis of a present severe emotional disturbance such as to constitute a danger to the health or safety of the community...

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