434
Syllabus
lengthened the prisoner's sentence without examining the subjective purposes behind the sentencing scheme, see, e. g., id., at 33, the fact that the generous gain-time provisions in Florida's 1983 statute were motivated more by the interest in avoiding overcrowding than by a desire to reward good behavior is not relevant to the essential ex post facto inquiry. California Dept. of Corrections v. Morales, 514 U. S. 499, 507, distinguished. Respondents are foreclosed by Weaver, 450 U. S., at 32, to the extent they argue that overcrowding gain-time is not in some technical sense part of the sentence. Their further argument that petitioner could not reasonably have expected to receive any overcrowding credits when he entered his plea of nolo contendere is singularly unpersuasive, given the facts that he was actually awarded 1,860 days and that those credits were retroactively canceled as a result of the 1992 statute. Pp. 439-447. (b) The Court disagrees with respondents' argument that petitioner is not entitled to relief because his provisional overcrowding credits were awarded pursuant to statutes enacted after the date of his offense rather than pursuant to the 1983 statute. Although the overcrowding statute in effect at the time of his crime was slightly modified in subsequent years, its basic elements remained the same, and the changes do not affect his core ex post facto claim. However, the differences in the statutes may have affected the precise amount of release time he received. Because this point was not adequately developed earlier in the proceeding, and because it may not in any event affect petitioner's entitlement to release, the Court leaves it open for further consideration on remand. Pp. 447-449.
Reversed and remanded.
Stevens, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Scalia, J., joined, post, p. 449.
Joel T. Remland argued the cause for petitioner. With him on the briefs was Carter G. Phillips.
Parker D. Thomson, Assistant Attorney General of Florida, argued the cause for respondents. On the brief for respondent Butterworth were Mr. Butterworth, Attorney
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