UNITED STATES v. WHITNEY

No. 80-7254 Summary Calendar.

649 F.2d 296 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Parthenya WHITNEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

June 29, 1981.


Attorney(s) appearing for the Case

Jay L. Strongwater, Asst. Public Defender, Atlanta, Ga., for defendant-appellant.

Andrew J. Ekonomou, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before GODBOLD, Chief Judge, KRAVITCH and HATCHETT, Circuit Judges.


REVISED OPINION

PER CURIAM:

In this case, we held that the double jeopardy clause of the Fifth Amendment to the Constitution of the United States does not bar consideration of certain evidence in probation revocation proceedings where the same evidence has formed the basis for a previous parole revocation proceeding. While we adhere to our holding, we add these comments in order to clarify our opinion.

The facts are adequately set out in our prior...

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