United States Ninth Circuit

The district court properly denied a habeas corpus petition raising an ex post facto challenge to the application of amended Cal. Penal Code section 2933.6, which denies conduct credits to validated gang affiliates housed in the prison's security housing unit, where: 1) at the time petitioner was validated as a prison gang associate and assessed an indeterminate term in the security housing unit, he was eligible for conduct credits; 2) petitioner's intervening conduct, continued gang affiliation, is what triggered the reduction in time credits; and therefore, 3) the state court's denial of relief was not an objectively unreasonable application of clearly established federal law.

Appellate Information

• Decided 04/25/2014
• Published 04/25/2014

Judges

• PER CURIAM

Court

• United States Ninth Circuit

Counsel