246
Opinion of the Court
statute and regulations, and therefore whether the amended Rule created a significant risk of increased punishment. Absent a demonstration to the contrary, it is presumed that the Board follows its statutory commands and internal policies. Pp. 256-257.
3. The Eleventh Circuit's analysis failed to reveal whether the amended Rule, in its operation, created a significant risk of increased punishment for respondent. He claims that he has not been permitted sufficient discovery to make this showing. The matter of adequate discovery is one for the Court of Appeals or, as need be, for the District Court in the first instance. P. 257.
164 F. 3d 589, reversed and remanded.
Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Thomas, and Breyer, JJ., joined. Scalia, J., filed an opinion concurring in part in the judgment, post, p. 257. Souter, J., filed a dissenting opinion, in which Stevens and Ginsburg, JJ., joined, post, p. 260.
Christopher S. Brasher, Senior Assistant Attorney General of Georgia, argued the cause for petitioners. With him on the briefs were Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, and Jacqueline F. Bunn, Assistant Attorney General.
Elizabeth Thompson Kertscher argued the cause for respondent. With her on the brief were William V. Custer and LeeAnn Jones.*
Justice Kennedy delivered the opinion of the Court.
We granted certiorari to decide whether the retroactive application of a Georgia law permitting the extension of intervals between parole considerations violates the Ex Post Facto Clause. The Court of Appeals found that retroactive application of the change in the law was necessarily an ex post facto violation. In disagreement with that determination, we reverse its judgment and remand for further proceedings.
*Jill A. Pryor, Steven R. Shapiro, and Gerald Weber filed a brief for the American Civil Liberties Union et al. as amici curiae urging affirmance.
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