Opinion
No. 75975-COA
02-13-2019
JOSEPH YOUMANS, Appellant, v. JO GENTRY, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Joseph Youmans appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on December 20, 2017. Eighth Judicial District Court, Clark County; Linda Marie Bell, Chief Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
Youmans argues the district court erred by denying his claim the Nevada Department of Corrections (NDOC) improperly declined to apply his statutory credits to the minimum term of his sentence. The district court concluded Youmans was not entitled to relief because he is currently serving a prison sentence for discharge of a firearm from or within a structure or vehicle, a category B felony, see NRS 202.287(1)(b), committed the offense in 2016, and for those reasons, NDOC may only apply Youman's credits toward his maximum term pursuant to NRS 209.4465(8)(d). Given these circumstances, we conclude the district court did not err by denying this claim.
Youmans also claimed NDOCs failure to apply his credits to his minimum term constituted an Ex Post Facto Clause violation. We conclude Youmans failed to demonstrate a violation because NRS 209.4465(7)(b) and NRS 209.4465(8) were in effect at the time he committed his crime and, therefore, were properly applied to him. See Weaver v. Graham, 450 U.S. 24, 28-29 (1981). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, A.C.J.
Douglas
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Linda Marie Bell, Chief Judge
Joseph Youmans
Attorney General/Las Vegas
Eighth District Court Clerk