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GILLESPIE v. RYAN

No. 87-5267.

837 F.2d 628 (1988)

GILLESPIE, James, Appellant, v. RYAN, Joseph (Superintendent); The Attorney General of the State of Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided January 29, 1988.

Rehearing and Rehearing Denied March 7, 1988.

Attorney(s) appearing for the Case

Michael J. Foley (argued), Thomas J. Foley, Jr. and Associates, P.C., Scranton, Pa., for appellant.

Ernest D. Preate, Jr. (argued), Dist. Atty., Lois H. Lichtenwalner, Asst. Dist. Atty., Scranton, Pa., for appellees.

Before GIBBONS, Chief Judge, WEIS and GREENBERG, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 7, 1988.

OPINION OF THE COURT

GIBBONS, Chief Judge:

James Gillespie appeals from the district court's denial of his petition for a writ of habeas corpus. This court granted a petition for a certificate of probable cause and therefore has jurisdiction pursuant to 28 U.S.C. § 2253 (1982). We hold that the double jeopardy clause of the federal constitution was not violated by sentencing Gillespie for...

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