BEAM, Circuit Judge.
Leslie Lomax appeals from the district court's denial of his petition for writ of habeas corpus. See 28 U.S.C. § 2254 (1988). On appeal, Lomax argues that the district court erred in finding that the state prosecutor did not abuse his discretion by filing a nolle prosequi after voir dire but before the jury was sworn, and in finding that he was not placed in double jeopardy by subsequent re-indictment and prosecution. We affirm.
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