Opinion
No. 05-35898.
Submitted February 5, 2007 Portland, Oregon.
This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
February 22, 2007.
Appeal from the United States District Court for the District of Oregon Malcolm F. Marsh, District Judge, Presiding. D.C. No. CV-04-00336-DCA.
Before: D.W. NELSON, KLEINFELD, and BYBEE, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The Oregon Department of Corrections properly applied the regulations in force at the time of Shelby's in-prison misconduct that limited the restoration of Shelby's good time credits. The regulation was in force before the misconduct, so there was no ex post facto violation.
See Hunter v. Ayers, 336 F.3d 1007, 1011-12 (9th Cir. 2003).
AFFIRMED.