U.S. v. NUSSBAUMER

No. CR 93-304-JO, Civ. No. 95-191-JO.

890 F.Supp. 947 (1995)

UNITED STATES of America v. Benny Lee NUSSBAUMER, Defendant.

United States District Court, D. Oregon.

June 29, 1995.


Attorney(s) appearing for the Case

Kristine Olson Rogers, U.S. Atty., D.Or. and Robert G. Thomson, Asst. U.S. Atty., Portland, OR, for the U.S.

Jenny Cooke, Portland, OR, for defendant.


ORDER

ROBERT E. JONES, District Judge:

Defendant Benny Lee Nussbaumer moves to vacate his conviction and sentence pursuant to 28 U.S.C. § 2255, contending that the conviction violated his rights under the Double Jeopardy Clause of the Fifth Amendment. After considering the evidence and arguments presented by the parties, I conclude that the motion must be denied.

In June 1993 federal officers executed search warrants at Nussbaumer's residence...

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