IN THE SUPREME COURT OF THE STATE OF NEVADA

BRANDON LEE KINCADE, No. 75968 Appellant, vs. PERRY RUSSELL, WARDEN WSCC, Respondent. FILED FEB 2 0 2019 ELIZAJ3ERI A. BROWN CLERKgc,UPRELIE COURT SY DEPUTY C." r...A. L.E11. 0(

ORDER OF AFFIRMANCE This is a pro se appeal from a district court order denying Brandon Lee Kincade's postconviction petition for a writ of habeas corpus. 1 First Judicial District Court, Carson City; James E. Wilson, Judge. Relying on NRS 209.4465(7)(b) and Williams v. Nevada Department of Corrections, 133 Nev., Adv. Op. 75, 402 P.3d 1260 (2017), Kincade asserted that the credits he earns under NRS 209.4465 must be applied to the minimum term of his sentence, thus advancing the date that he is eligible for parole. The district court disagreed, concluding that Kincade had been convicted of a category B felony (burglary in violation of NRS 205.060) that was committed after the effective date of the 2007 amendments to NRS 209.4465 and therefore NRS 209.4465(8)(d) precludes respondent from applying Kincade's statutory credits to the minimum term of his sentence. Having reviewed the record, we find no error in the district court's decision. See Williams, 133 Nev., Adv. Op. 75, 402 P.3d at 1264 n.6

'This appeal has been submitted for decision on the record without briefing or oral argument. NRAP 34(0(3), (g); see also NRAP 31(d)(1); Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975). SUPREME COURT OF NEVADA

919 1947A 141M144

111111111 (noting NRS 209.4465(8)'s limitation on NRS 209.4465(7)(b) for certain offenses committed after the effective date of the 2007 amendments). We therefore ORDER the judgment of the district court AFFIRMED.

A dgegAtiAl J. Pickering

Parraguirre

Cadish

cc: Hon. James E. Wilson, District Judge Brandon Lee Kincade Attorney General/Carson City Carson City Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A e