# Buchanan v. Board of Parole

> Court of Appeals of Oregon · June 25, 2025 · 341 Or. App. 457

URL: https://www.frixlaw.com/law-library/cases/11083499

## Case

- **Court:** Court of Appeals of Oregon
- **Decided:** June 25, 2025
- **Citations:** 341 Or. App. 457
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Egan
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

No. 570 June 25, 2025 457

This is a nonprecedential memorandum opinion
pursuant to ORAP 10.30 and may not be cited
except as provided in ORAP 10.30(1).

IN THE COURT OF APPEALS OF THE
STATE OF OREGON

ERIC CODY R. BUCHANAN,
Petitioner,
v.
BOARD OF PAROLE AND POST-PRISON
SUPERVISION,
Respondent.
Board of Parole and Post-Prison Supervision
A186056

Submitted May 9, 2025.
Anna Sammons filed the brief for petitioner.
Dan Rayfield, Attorney General, Benjamin Gutman,
Solicitor General, and Philip Thoennes, Assistant Attorney
General, filed the brief for respondent.
Before Lagesen, Chief Judge, and Egan, Judge.
EGAN, J.
Reversed and remanded.
458 Buchanan v. Board of Parole

EGAN, J.
Petitioner seeks judicial review of a final order of
the Board of Parole and Post-Prison Supervision (board)
that set petitioner’s sex offender notification level at Level 2.
We reverse and remand the board’s final order.1
The board concedes that it erred in assessing peti-
tioner’s risk of reoffending without considering his offense-
free time in the community. We agree with and accept the
concession. Under our decisions in Thomsen v. Board of
Parole, 333 Or App 703, 554 P3d 308, rev den, 373 Or 81
(2024), and Allen v. Board of Parole, 334 Or App 447, 557
P3d 178, rev den, 373 Or 121 (2024), the board was required
to assess petitioner’s risk of reoffense as of the time of the
assessment. The appropriate remedy is to reverse and
remand to the board for further proceedings. Thomsen, 333
Or App at 717.
Reversed and remanded.

1
As authorized by ORS 2.570(2)(b), this matter is determined by a two-judge
panel.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11083499. Public record. Not legal advice.