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McDANIEL v. STATE OF ARIZONA

No. 89-15510.

921 F.2d 966 (1990)

Lewis S. McDANIEL, Petitioner-Appellant, v. STATE OF ARIZONA; Attorney General of the State of Arizona, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 28, 1990.

Attorney(s) appearing for the Case

Atmore L. Baggot, Phoenix, Ariz., for petitioner-appellant.

Joseph T. Maziarz, Asst. Atty. Gen., Phoenix, Ariz., for respondents-appellees.

Before GOODWIN, C.J., BROWNING and RYMER, Circuit Judges.

PER CURIAM:

Lewis McDaniel appeals the denial of his petition for habeas corpus. Our review is de novo. Carter v. McCarthy, 806 F.2d 1373, 1375 (9th Cir.1986). We affirm the district court's dismissal of McDaniel's double jeopardy claim.1

McDaniel was convicted of first-degree murder, kidnapping and robbery, and sentenced to death for the murder charge, with concurrent terms of nine to ten...

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