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PALMER v. CLARKE

No. 90-2829.

961 F.2d 771 (1992)

Charles Jess PALMER, Appellant, v. Harold CLARKE, Warden of Nebraska State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 10, 1992.

Rehearing and Rehearing Denied May 20, 1992.

Attorney(s) appearing for the Case

Gary L. Dolan, Lincoln, Neb., argued, for appellant.

J. Kirk Brown, Lincoln, Neb., argued, for appellee.

Before FAGG, Circuit Judge, HEANEY, Senior Circuit Judge, and BOWMAN, Circuit Judge.

Rehearing and Rehearing En Banc Denied May 20, 1992.

FAGG, Circuit Judge.

Charles Jess Palmer appeals the district court's denial of his 28 U.S.C. § 2241 habeas petition. We affirm the district court's rejection of Palmer's double jeopardy challenge to his second conviction. We remand Palmer's double jeopardy challenge to his third trial and retain jurisdiction to consider the findings and conclusions made on remand.

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