McDonough v. Yates
ORDER GRANTING MOTION FOR CERTIFICATE OF APPEALABILITY; ISSUING CERTIFICATE OF APPEALABILITY. Signed by Judge Maxine M. Chesney on October 26, 2011. (mmclc2, COURT STAFF) (Filed on 10/26/2011)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
United States District Court
DAVID M. MCDONOUGH,
JAMES A. YATES,
No. C 07-2469 MMC
ORDER GRANTING MOTION FOR
CERTIFICATE OF APPEALABILITY;
ISSUING CERTIFICATE OF
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.
IT IS SO ORDERED.
Dated: October 26, 2011
MAXINE M. CHESNEY
United States District Judge
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