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TOWNES v. JARVIS

No. 05-7382.

577 F.3d 543 (2009)

Carl Melvin TOWNES, Petitioner-Appellant, v. Larry W. JARVIS, Warden; Gene M. Johnson, Director, Virginia Department of Corrections, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: August 19, 2009.

Attorney(s) appearing for the Case

ARGUED: Justin Sanjeeve Antonipillai, Carl Ezekiel Ross, Arnold & Porter, LLP., Washington, DC, for Appellant. Richard Carson Vorhis, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees. ON BRIEF: Erika K. Woods, Arnold & Porter, L.L.P., Washington, D.C., for Appellant. Robert F. McDonnell, Attorney General of Virginia, Richmond, Virginia, for Appellees.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge GREGORY joined. Judge SHEDD wrote a dissenting opinion.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

The Virginia Parole Board found Carl Melvin Townes ineligible for discretionary parole. After a state court denied him habeas relief, Townes filed a petition for a writ of habeas corpus in federal court, claiming that the parole ineligibility determination violated his due process and equal protection rights. The district court dismissed the petition. We granted a certificate of appealability on both constitutional...

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