Facts

Petitioner Adonai El-Shaddai, also known as James Ray Wilkerson, petitioned for a Writ of Habeas Corpus that challenged his conviction based on the report and recommendations of the U.S. Magistrate Judge, who recommended petitioner's motion petition be dismissed.

PETITIONER'S CONTENTIONS: Petitioner contended the Board of Parole Hearings violated his Sixth Amendment right to a jury trial when the Board relied on facts found not true by a jury, and further denied him parole. Petitioner contended under Cunningham v. California any additional facts the court found that they believed warranted a sentence increase beyond the middle term, required proof beyond a reasonable doubt.

RESPONDENT'S CONTENTIONS: Respondent denied the contentions and claimed the petitioner enjoyed no constitutional right to a jury trial or to proof beyond a reasonable doubt because it was a post-conviction determination.

Result

Case dismissed with prejudice.