DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

041618P.pdf   03/31/2005  Lawrence E. Lupien  v.  Harold W. Clarke
   U.S. Court of Appeals Case No:  04-1618
   District of Nebraska   
   Habeas Corpus - state sentence. Grant of habeas corpus is reversed, as 
   state court's factual finding that sentence was determinate is 
   unreviewable. Under state law determinate sentences were ineligible for 
   parole and thus subsequent state action treating sentence as one for which 
   parole was unavailable did not retroactively increase the punishment and 
   result in a violation of Ex Post Pacto. District court erred in finding the 
   sentence indeterminate. [PUBLISHED] [Colloton, Author, with Wollman 
   and Lay, Circuit Judges]