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WILMER v. JOHNSON

No. 93-1283.

30 F.3d 451 (1994)

Joseph WILMER, United States of America, ex rel., Appellant, v. Nathaniel JOHNSON, Director, Pretrial Services Division of Philadelphia Court of Common Pleas; The District Attorney for Philadelphia County; The Attorney General of the State of Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided July 22, 1994.

Attorney(s) appearing for the Case

Peter Rosalsky, Defender Ass'n of Philadelphia, Philadelphia, PA, for appellant.

Deborah Fleisher, Asst. Dist. Atty., Donna G. Zucker, Chief, Federal Litigation, Ronald Eisenberg, Deputy Dist. Atty., Law Div., Arnold H. Gordon, Chief Deputy Dist. Atty., Lynne Abraham; Dist. Atty., Philadelphia, PA, for appellees.

Before: BECKER, NYGAARD and WEIS, Circuit Judges.

Submitted Under Third Circuit LAR 34.1(a) April 20, 1994.

OPINION OF THE COURT

EDWARD R. BECKER, Circuit Judge.

This appeal from an order of the district court dismissing a petition for writ of habeas corpus presents the question whether the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution, as applied through the Fourteenth Amendment, prohibits an enhanced sentence in a state resentencing proceeding brought pursuant...

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