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HAYNES v. CUPP

No. 83-3863.

827 F.2d 435 (1987)

Charles Leroy HAYNES, Plaintiff-Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Resubmitted May 27, 1987.

Decided September 2, 1987.

Attorney(s) appearing for the Case

Terrance P. Gough, Eugene, Or., for plaintiff-appellant.

Robert E. Barton, Salem, Or., for defendant-appellee.

Before KENNEDY and FERGUSON, Circuit Judges, and INGRAM, District Judge.

KENNEDY, Circuit Judge:

Charles Leroy Haynes appeals the district court's denial of his petition for writ of habeas corpus. He claims that state authorities placed him twice in jeopardy for the same offense, breached their plea agreement, and engaged in serious misconduct during the proceedings against him. We reject these contentions and affirm.

In 1978 Oregon indicted Haynes for murder.1 The indictment alleged that he "intentionally...

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