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HUMPHRIES v. WAINWRIGHT

No. 78-1071.

584 F.2d 702 (1978)

Phillip Dennis HUMPHRIES, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Director of the Division of Corrections of the State of Florida, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

November 20, 1978.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Ira N. Loewy, Jeffrey Samer, Asst. Attys. Gen., of Fla., Miami, Fla., for respondent-appellant.

Theodore J. Sakowitz, Federal Public Defender, David K. Kelley, Asst. Fed. Public Defender, Miami, Fla., for petitioner-appellee.

Before BROWN, Chief Judge, GODBOLD and FAY, Circuit Judges.

FAY, Circuit Judge:

Appellee, Phillip Dennis Humphries, filed a petition for a writ of habeas corpus in the United States District Court for the Southern District of Florida arguing that a fifteen year sentence imposed by the Collier County Circuit Court in Florida violated his right against double jeopardy guaranteed by the Fifth and Fourteenth Amendments. Humphries argued that the government was collaterally estopped from prosecuting him on the charges of vehicular...

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