Opinion
No. C 07-2469 MMC.
October 26, 2011
ORDER GRANTING MOTION FOR CERTIFICATE OF APPEALABILITY; ISSUING CERTIFICATE OF APPEALABILITY
Before the Court is petitioner David McDonough's Motion for Certificate of Appealability, filed October 21, 2011. Having read and considered petitioner's motion, the Court finds petitioner is entitled to a certificate of appealability on the following issue: whether it is a violation of the Ex Post Facto Clause, U.S. Const. art. I, § 9, cl. 3, to deny petitioner conduct credit in excess of 15% on time served, under California Penal Code § 2933.1, for offenses committed both before and after the enactment of said statute.
Accordingly, the Court hereby GRANTS the motion and ISSUES a certificate of appealability for the issue set forth above.