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SCOTT v. JONES

No. 88-1930.

862 F.2d 1311 (1988)

Arlester E. SCOTT, Appellee, v. Jim JONES, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 7, 1988.

Rehearing and Rehearing Denied January 18, 1989.

Attorney(s) appearing for the Case

Patrick L. King, Asst. Atty. Gen., Jefferson City, Mo., for appellant.

Lawrence M. Berkowitz, Kansas City, Mo., for appellee.

Before JOHN R. GIBSON, WOLLMAN and BEAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 18, 1989.

BEAM, Circuit Judge.

Jim Jones appeals from an order of the district court granting Arlester E. Scott's petition for habeas corpus. We stayed execution of the writ on July 13, 1988, and heard oral argument on August 17, 1988. We now reverse.

I. BACKGROUND

A. Claim Raised in Habeas Petition

Scott's petition contends that he has been twice tried for the same crime in violation...

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