Gary L. Mayner v. William Callahan, 873 F.2d 1300 (9th Cir. 1989). · Go Syfert
Gary L. Mayner v. William Callahan, 873 F.2d 1300 (9th Cir. 1989). Cases Citing This Book View Copy Cite
“the equal protection clause directs that all persons similarly circumstanced shall be treated alike.”
22 citation events (15 in the last 25 years) across 7 distinct courts.
Strongest positive: (PC)Mitchell v. Cueva (caed, 2022-03-23)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) (PC)Mitchell v. Cueva
E.D. Cal. · 2022 · quote attribution · 1 verbatim quote · confidence high
parole consideration 17 is not a fundamental right
discussed Cited as authority (verbatim quote) (PC) Maraglino v. State of California
E.D. Cal. · 2020 · quote attribution · 1 verbatim quote · confidence high
arole consideration is not a fundamental right requiring a 23 higher level of scrutiny.
discussed Cited as authority (verbatim quote) United States v. Lester Lopez
9th Cir. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
the equal protection clause directs that all persons similarly circumstanced shall be treated alike.
cited Cited as authority (rule) Joshua A. Turnidge v. ODOC, et al.
D. Or. · 2026 · confidence medium
Mayner v. Callahan, 873 F.2d 1300, 1302 (9th Cir. 1989).
discussed Cited as authority (rule) United States v. Gutierrez (2×) also: Cited "see"
9th Cir. · 2025 · confidence medium
Mayner v. Callahan, 873 F.2d 1300, 1301 (9th Cir. 1989).
cited Cited as authority (rule) (PC) Singleton v. Cuevas
E.D. Cal. · 2022 · confidence medium
Mayner v. Callahan, 873 F.2d 1300, 1302 (9th Cir. 1989).
cited Cited as authority (rule) Walker v. Woodford
S.D. Cal. · 2006 · confidence medium
See Norvell v. Illinois, 373 U.S. 420 , 83 S.Ct. 1366 , 10 L.Ed.2d 456 (1963); Mayner v. Callahan, 873 F.2d 1300, 1302 (9th Cir.1989). .
discussed Cited as authority (rule) Forde v. Clark
9th Cir. · 2004 · confidence medium
See U.S. v. Hancock, 231 F.3d 557, 565 (9th Cir.2000) (noting that strict scrutiny is only used for suspect classes or burdens on fundamental rights); Mayner v. Callahan, 873 F.2d 1300, 1302 (9th Cir.1989) (stating that prisoners are not a suspect class); Cruz-Sanchez v. Robinson, 249 F.2d 771, 774-75 (9th Cir.1957) (discussing that habeas corpus is a judicial procedural vehicle to address violation of rights, rather than a right in itself).
cited Cited as authority (rule) Steven H. Caswell v. Arthur Calderon, Warden
9th Cir. · 2004 · confidence medium
“The equal protection clause directs that ‘all persons similarly circumstanced shall be treated alike.’ ” Mayner v. Callahan, 873 F.2d 1300, 1301 (9th Cir.1989) (quoting F.S.
discussed Cited as authority (rule) Michael M. Fisher v. Dan Johnson, Superintendent, Powder River Correctional Facility
9th Cir. · 1992 · confidence medium
Mayner v. Callahan, 873 F.2d 1300, 1302 (9th Cir.1989). 10 Moreover, by setting his parole eligibility date in conformance with Nissel, the Parole Board did not treat Fisher differently than others similarly situated.
discussed Cited as authority (rule) Bonin v. Vasquez
C.D. Cal. · 1992 · confidence medium
Mayner v. Callahan, 873 F.2d 1300, 1302 (9th Cir.1989). 25 .California Penal Code § 1170(f) requires the Board of Prison Terms to review every sentence imposed under the Determinate Sentencing Law within one year to determine through statistics and comparisons of comparable cases whether the sentence deviates from the expected range of sentences for the offense.
cited Cited "see" (PC) Garrett v. Baker
E.D. Cal. · 2020 · signal: see · confidence high
See Mayner v. Callahan, 873 F.2d 1300 , 2 1302 (9th Cir. 1989).
discussed Cited "see" United States v. Whitlock
9th Cir. · 2011 · signal: see · confidence high
See Mayner v. Callahan, 873 F.2d 1300, 1302 (9th Cir.1989) (“[P]a-role consideration is not a fundamental right requiring a higher level of scrutiny.”); see also Swarthout v. Cooke, — U.S.-, 131 S.Ct. 859, 862 , 178 L.Ed.2d 732 (2011) (per curiam) (“There is no right under the Federal Constitution to be conditionally released before the expiration of a valid sentence, and the States are under no duty to offer parole to their prisoners.”); United States v. Hall, 419 F.3d 980 , 985 n. 4 (9th Cir.2005) (explaining that the analyses of the rights afforded at parole and supervised release…
cited Cited "see" Dehaven v. Schwarzenegger
9th Cir. · 2005 · signal: see · confidence high
See Mayner v. Callahan, 873 F.2d 1300, 1302 (9th Cir. 1989).
cited Cited "see" Fox v. Stotts
10th Cir. · 2000 · signal: see · confidence high
See Mayner v. Callahan, 873 F.2d 1300, 1302 (9th Cir.1989) (stating that prisoners are not a suspect class and “parole consideration is not a fundamental right requiring a higher level of scrutiny”).
cited Cited "see" Glauner v. Miller
9th Cir. · 1999 · signal: see · confidence high
See Mayner v. Callahan, 873 F.2d 1300, 1302 (9th Cir.1989) (stating that prisoners are not a suspect class and “parole consideration is not a fundamental right requiring a higher level of scrutiny”).
discussed Cited "see" Glauner v. Governor Robert J. Miller
9th Cir. · 1999 · signal: see · confidence high
See Mayner v. Callahan, 873 F.2d 1300, 1302 (9th Cir. 1989) (stating that prisoners are not a suspect class and "parole consideration is not a fundamental right requiring a higher level of scrutiny").
cited Cited "see" Alton Jackson Fales v. Indeterminate Sentence Review Board Kathryn Bail
9th Cir. · 1994 · signal: see · confidence high
See Mayner v. Callahan, 873 F.2d 1300, 1301 (9th Cir.1989); In re Ayers, 713 P.2d 88, 89 (Wash.1986) (en banc).
discussed Cited "see, e.g." (PC) Garrett v. Baker
E.D. Cal. · 2021 · signal: see, e.g. · confidence medium
See, e.g., Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986). 7 Second, the court notes it has relied on City of Cleburne v. Cleburne Living Center, 8 | 473 US. 432, 442-43 (1985), in adopting the conclusion expressed in the second to last sentence 9 || of section IV.A.11 of the findings and recommendations, in addition to Mayner v. Callahan, 10 | 873 F.2d 1300, 1302 (9th Cir. 1989). 11 Accordingly, IT IS HEREBY ORDERED that: 12 1.
discussed Cited "see, e.g." Eddie Phifer v. Board of Parole
Tenn. Ct. App. · 2001 · signal: see also · confidence medium
Id.; see also Mayner v. Callahan, 873 F.2d 1300, 1309 (9th Cir. 1989) (stating that prisoners are not a suspect class and parole consideration is not a fundamental right requiring strict scrutiny).
discussed Cited "see, e.g." Donald W. Calkins v. Eldon Vail
9th Cir. · 1994 · signal: see also · confidence medium
See id.; Wash.Rev.Code Sec. 9.95.100 (1988) ("The board shall not, however, until his maximum term expires, release a prisoner, unless in its opinion his rehabilitation has been complete and he is a fit subject for release"); see also Mayner v. Callahan, 873 F.2d 1300, 1301 (9th Cir.1989) (Washington law does not create protected liberty interest in parole).
Retrieving the full opinion text from the archive…
Gary L. MAYNER, Petitioner-Appellant,
v.
William CALLAHAN, Respondent-Appellee
88-4103.
Court of Appeals for the Ninth Circuit.
May 4, 1989.
873 F.2d 1300
Patricia J. Arthur, Robin L. Kallman, Evergreen Legal Services, Institutional Legal Services Project, Tacoma, Wash., for petitioner-appellant., Linda A. Dalton, Asst. Atty. Gen., Olympia, Wash., for respondent-appellee.
Pregerson, Boochever, Noonan.
Cited by 20 opinions  |  Published
PREGERSON, Circuit Judge:

The district court denied Gary L. May-ner’s petition for a writ of habeas corpus. Mayner appeals on the grounds that (1) the Board of Prison Terms and Paroles’ interpretation of R.C.W. 9.95.115 [1] subjected[*1301] him to double jeopardy because the prison board declined to credit his previous jail-time toward parole eligibility after he escaped and (2) R.C.W. 9.95.115 denied him equal protection because the statute requires that the mandatory life term prisoner restart his mandatory minimum time toward parole eligibility after an escape. We hold that the district court properly denied habeas relief by rejecting Mayner’s double jeopardy and equal protection arguments. We therefore affirm.

STANDARD OF REVIEW

This court reviews a denial of a petition for writ of habeas corpus de novo. Iaea v. Sunn, 800 F.2d 861, 864 (9th Cir.1986); Chatman v. Marquez, 754 F.2d 1531, 1533-54 (9th Cir.1985), cert. denied, 474 U.S. 841, 106 S.Ct. 124, 88 L.Ed.2d 101 (1985).

ANALYSIS

I. Double Jeopardy

The Fifth Amendment guarantee against double jeopardy protects against a second prosecution for the same offense after acquittal, against a second prosecution for the same offense after conviction, and against multiple punishments for the same offense. North Carolina v. Pearce, 395 U.S. 711, 717, 89 S.Ct. 2072, 2076, 23 L.Ed.2d 656 (1969). The Fifth Amendment guarantee against double jeopardy is applicable to the states through the Fourteenth Amendment. Benton v. Maryland, 395 U.S. 784, 89 S.Ct. 2056, 23 L.Ed.2d 707 (1969).

Mayner argues that he was punished twice for the crime of escape and that R.C.W. 9.95.115’s language stating that a prisoner convicted of first-degree murder must be “continuously confined ... for a period of twenty consecutive years less good time” before becoming eligible for parole violates the Fifth Amendment guarantee against double jeopardy.

Mayner has not suffered double jeopardy. Restarting Mayner’s jail-time in determining his eligibility for parole after an escape is not unconstitutional because there is no federal constitutional right to parole. Greenholtz v. Inmates, 442 U.S. 1, 7-11, 99 S.Ct. 2100, 2103-06, 60 L.Ed.2d 668 (1979). Although a state may create a protected liberty interest in parole, Washington has not done so. In re Ayers, 105 Wash.2d. 161, 162-64, 713 P.2d 88, 89 (1986) (R.C.W. 9.95.115 does not violate due process because prisoners do not have a right to parole). Because Washington has created no right to parole for its prisoners and because the state legislature has extended only a conditional privilege to mandatory life prisoners to qualify for parole consideration, Washington has the power to define the terms of that privilege. Therefore, in determining parole eligibility, the Washington legislature may place conditions on parole eligibility, such as “continuous” confinement.

II. Equal Protection.

The Fourteenth Amendment states that “[n]o state shall ... deny to any person within its jurisdiction the equal protection of the laws.” U.S. Const, amend. XIV. The equal protection clause directs that “all persons similarly circumstanced shall be treated alike.” F.S. Royster Guano Co. v. Virginia, 253 U.S. 412, 415, 40 S.Ct. 560, 562, 64 L.Ed. 989 (1920).

Mayner contends that he is in custody in violation of the equal protection clause of the Fourteenth Amendment because R.C. W. 9.95.115 legislatively classified and treated him differently from other prisoners “similarly circumstanced.” He argues that as a mandatorily sentenced life prisoner who escaped from custody relatively late in his mandatory minimum term, he is treated much more harshly (by application of the statute) than (a) mandatorily sen[*1302] tenced life prisoners who escape relatively early in their mandatory minimum terms, (b) mandatorily sentenced life prisoners who escape after having completed their mandatory minimum terms, and (c) prisoners who escape while serving sentences other than mandatory life, even if sentenced to more than a lifetime in number of years.

Mayner contends that his claims justify application of the strict scrutiny test or intermediate scrutiny test. However, parole consideration is not a fundamental right requiring a higher level of scrutiny. Nor does the statute burden any “suspect” or “quasi-suspect” class. Therefore, application of the strict scrutiny test or the intermediate scrutiny test is not required. See Hoffman v. United States, 767 F.2d 1431, 1435 (9th Cir.1985); see also J.W. v. City of Tacoma, Washington, 720 F.2d 1126, 1128 (9th Cir.1983).

Applying a rational basis test, we hold that Washington’s treatment of mandatory life prisoners shows a fair relationship to legitimate state interests. See Plyler v. Doe, 457 U.S. 202, 217, 102 S.Ct. 2382, 2394, 72 L.Ed.2d 786 (1982). Washington contends that four interests are furthered by R.C.W. 9.95.115: (1) protecting society from dangerous offenders, (2) furthering rehabilitative goals, (3) decreasing the chance for the commission of additional offenses, and (4) deterring escapes by mandatory life prisoners who may have a heightened sense of desperation. The statute appears to further these legitimate state interests. We therefore hold that R.C.W. 9.95.115’s treatment of mandatory life-term prisoners bears a fair relationship to legitimate state interests.

AFFIRMED.

1

. R.C.W. 9.95.115 states in pertinent part:

[t]he board of prison terms and paroles is hereby granted authorization to parole any[*1301] person sentenced to the penitentiary or the reformitory, under a mandatory life sentence, who has been continuously confined therein for a period of twenty consecutive years less earned good time: Provided, The superintendent of the penitentiary or the reformitory, as the case may be, certifies to the board of prison terms and paroles that such person’s conduct and work have been meritorious, and based thereon, recommends parole for such person....

Wash.Rev.Code § 9.95.115 (1988)