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ALLEN v. ATTORNEY GENERAL OF STATE OF MAINE

No. 95-2057.

80 F.3d 569 (1996)

Ryan ALLEN, Petitioner, Appellant, v. ATTORNEY GENERAL OF the STATE OF MAINE, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided March 26, 1996.

Attorney(s) appearing for the Case

Wayne R. Foote, with whom Foote & Temple was on brief, Bangor, ME, for appellant.

Joseph A. Wannemacher, Assistant Attorney General, with whom Andrew Ketterer, Attorney General, Augusta, ME, was on brief, for appellee.

Before TORRUELLA, Chief Judge, ALDRICH, Senior Circuit Judge, and SELYA, Circuit Judge.

SELYA, Circuit Judge.

Invoking federal habeas corpus jurisdiction, petitioner-appellant Ryan Allen seeks to block the State of Maine from prosecuting him for operating a motor vehicle under the influence of alcohol (OUI) in violation of 29 M.R.S.A. § 1312-B (West Supp.1994).1 He insists that continued prosecution of this charge will transgress the Double Jeopardy Clause. See U.S. Const. amend. V. Because the petitioner's arguments...

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