Opinion
No. 70895
03-15-2017
MARCO ANTONIO SANCHEZ, Appellant, v. ISIDRO BACA, WARDEN OF NORTHERN NEVADA CORRECTIONAL CENTER, Respondent.
ORDER OF AFFIRMANCE
This is a pro se appeal from a district court order denying appellant Marco Sanchez's May 6, 2016, postconviction petition for a writ of habeas corpus (credits). First Judicial District Court, Carson City; James E. Wilson, Judge.
Having considered the pro se brief filed by appellant, we conclude that a response is not necessary. NRAP 46A(c). This appeal therefore has been submitted for decision based on the pro se brief and the record. See NRAP 34(f)(3). --------
Sanchez claims that the Nevada Department of Corrections (NDOC) is not deducting statutory credits earned pursuant to NRS 209.4465 but is applying NRS 209.4465(8) in violation of the Ex Post Facto Clause. The statutes in effect at the time Sanchez committed his offenses govern. See Weaver v. Graham, 450 U.S. 24, 31-33 (1981); Goldsworthy v. Hannifin, 86 Nev. 252, 255, 468 P.2d 350, 352 (1970). Sanchez was sentenced for crimes committed in April 1997. Because NRS 209.4465 applies only to sentences for "crime[s] committed on or after July 17, 1997," NRS 209.4465(1), that statute does not apply to Sanchez. Further, he has failed to demonstrate that NDOC is applying NRS 209.4465(8) to his sentence. We therefore conclude that the district court did not err in denying the petition, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, J.
Douglas
/s/_________, J.
Gibbons
/s/_________, J.
Pickering cc: Hon. James E. Wilson, District Judge
Marco Antonio Sanchez
Attorney General/Carson City
Carson City Clerk