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ASHFORD v. EDWARDS

No. 85-6288.

780 F.2d 405 (1985)

David ASHFORD, Appellant, v. Lonnie E. EDWARDS; Attorney General for the Eastern District of North Carolina, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 17, 1985.

Attorney(s) appearing for the Case

Alan M. Anderson, Minneapolis, Minn., for appellant.

Barry S. McNeill, Asst. Atty. Gen. of North Carolina (Lacy H. Thornburg, Atty. Gen. of North Carolina, Richard N. League, Asst. Atty. Gen., Raleigh, N.C., on brief), for appellees.

Before WIDENER and MURNAGHAN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

HAYNSWORTH, Senior Circuit Judge:

In a state court in North Carolina, Ashford was convicted on two counts of attempted armed robbery. Two concurrent sentences were imposed. After a direct appeal and resort to state post conviction remedies proved unavailing, Ashford sought federal habeas corpus relief, claiming that conviction on the two counts violated the federal double jeopardy clause.

A judge of this court issued...

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