STRADER v. HOWELL (2020)

ORDER OF AFFIRMANCE

Kevin Lorenzo Strader appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on January 28, 2019. Eighth Judicial District Court, Clark County; Tierra Danielle Jones, Judge.

Strader claimed that the Nevada Department of Corrections (NDOC) had violated NRS 209.4465(7)(b), the Ex Post Facto Clause, and the Equal Protection Clause by failing to apply statutory credits to his minimum sentence.

The district court found that Strader was not entitled to have credit applied to his minimum sentences, his ex post facto rights were not violated, and his equal protection rights were not violated.¹ It further found that Strader was serving an aggregated sentence, he had already appeared before the Nevada Board of Parole Commissioners on that sentence, there was no further relief the court could grant, and therefore his claim was moot.

The district court’s factual findings are supported by the record on appeal. Because a parole hearing would be the only relief available and no statutory authority or caselaw permits a retroactive grant of parole, see Williams v. State Dep’t of Corr., 133 Nev. 594, 600 n.7, 402 P.3d 1260, 1265 n.7 (2017), we conclude the district court did not err by determining Straders claim was moot, see Johnson v. Dir., Nev. Dep’t of Prisons, 105 Nev. 314, 316, 774 P.2d 1047, 1049 (1989). Accordingly, we

ORDER the judgment of the district court AFFIRMED.

FOOTNOTES

1.   Strader was convicted of conspiracy to commit robbery and two counts of robbery with the use of a deadly weapon for crimes he committed in 2011. See NRS 199.480(1); NRS 200.380(2).