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HUMPHREY v. U.S.

No. 88-8059.

888 F.2d 1546 (1989)

Alan HUMPHREY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 27, 1989.

Attorney(s) appearing for the Case

S. Lester Tate, III, Savell & Williams, Atlanta, Ga., for petitioner-appellant.

Charles Calhoun, Asst. U.S. Atty., Macon, Ga., for respondent-appellee.

Before KRAVITCH, Circuit Judge, HILL, Senior Circuit Judge, and FREEMAN, District Judge.

RICHARD C. FREEMAN, District Judge:

This is the second appeal of the district court's denial of appellant's motion for habeas corpus relief under 28 U.S.C. § 2255. For the reasons discussed below, we affirm the denial of relief on the grounds of double jeopardy and prosecutorial vindictiveness. We vacate and remand for an evidentiary hearing on appellant's claim that falsified evidence was used against him.

I. FACTS AND PROCEDURAL HISTORY

Appellant...

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