United States Ninth Circuit

In a pro se prisoner's 42 U.S.C. section 1983 action claiming that his plea agreement and constitutional rights were violated due to restitution payment-related changes resulting from a post-conviction amendment to Cal. Penal Code section 2085.5, dismissal for failure to state a claim is affirmed where: 1) the amendment did not violate the Ex Post Facto Clause because it did not impose additional punishment on plaintiff; and 2) plaintiff assumed the risk the statute might be amended in his plea agreement.

Appellate Information

• Decided 04/06/2007
• Published 04/06/2007

Judges

• PER CURIAM., Before KOZINSKI, LEAVY and BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Alvin Ray Quarles, pro se, Soledad, CA, for the appellant.