United States Fourth Circuit

In a habeas petition claiming that a parole ineligibility determination violated petitioner's due process and equal protection rights, denial of the petition is affirmed where petitioner did not identify any clearly established federal law that prohibited the parole board from considering conduct unnecessary to a conviction as part of its three-strikes determination.

Appellate Information

• Decided 08/19/2009
• Published 08/19/2009

Judges

• Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• 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.