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BRECHEISEN v. MONDRAGON

No. 86-1247.

833 F.2d 238 (1987)

Duane BRECHEISEN, Petitioner-Appellant, v. Eloy MONDRAGON, Warden; and, Attorney General, State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

November 12, 1987.

Attorney(s) appearing for the Case

Peter Schoenburg, Asst. Federal Public Defender, Albuquerque, N.M., for petitioner-appellant.

Dale S. Morritz, Asst. Atty. Gen. (Paul Bardacke, Atty. Gen., with her on brief), Santa Fe, N.M., for respondents-appellees.

Before MOORE, SETH, and ANDERSON, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

This is an appeal from an order of the United States District Court for the District of New Mexico dismissing with prejudice defendant's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Mr. Brecheisen (the defendant) argues that his petition should be granted because his earlier conviction for misdemeanor battery bars a subsequent conviction for criminal sexual penetration (CSP) under the Double Jeopardy Clause of...

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