Simmons vs. Casterline, (5th Cir. 2003)
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 02-31000 Summary Calendar ERIC SIMMONS, Petitioner-Appellant, versus CARL CASTERLINE; UNITED STATES PAROLE COMMISSION, Respondents-Appellees. Appeal from the United States District Court for the Western District of Louisiana USDC No. 02-CV-105 January 28, 2003 Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM: * Eric Simmons, federal prisoner # 36382-118, appeals the district court§ 2241 petition. In that petition, he challenged the United States Parole CommissionÂ’s (USPC) determination denying him reparole. He argues that it is inappropriate for the USPC to apply the federal regulations to determine a District of Columbia Code offenderÂ’s suitability for reparole and, further, that the application of the federal regulations violates the Ex Post Facto Clause.
We review the district court§ 2.70(a). Consequently, the USPC§ 2.81(a), (d). Therefore, application of the federal regulations to determine SimmonsÂ’s suitability for reparole was correct. We reject SimmonsÂ’s argument that application of the federal regulations changed his reparole hearing date and thus increased the punishment attached to his crimes in violation of the Ex Post Facto Clause. See California DepÂ’t of Corrections v. Morales , 514 U.S. 499, 508-10 (1995). AFFIRMED.
No. 02-31000
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