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JORDAN v. COM. OF VA.

No. 78-6540.

653 F.2d 870 (1980)

Jerry Lee JORDAN, Appellee, v. COMMONWEALTH OF VIRGINIA, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 2, 1980.

Attorney(s) appearing for the Case

Robert E. Bradenham, II, Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen. of Va., Richmond, Va., on brief), for appellant.

Lewis E. Goodman, Jr., Danville, Va., for appellee.

Before BUTZNER, PHILLIPS and MURNAGHAN, Circuit Judges.

JAMES DICKSON PHILLIPS, Circuit Judge:

Jordan sought a writ of habeas corpus, alleging that his state court felony conviction for possession of a controlled narcotic substance after an earlier misdemeanor conviction for obtaining the same substance with a forged prescription violated his rights under the Double Jeopardy Clause. The district court found double jeopardy and issued the writ. We agree and affirm.

I

Jordan's two successive convictions...

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