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RASHAD v. BURT

No. 96-1040.

108 F.3d 677 (1997)

Dwight RASHAD, Petitioner-Appellee, v. Sherry BURT, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 14, 1997.

Attorney(s) appearing for the Case

Daniel J. Blank (argued and briefed), Thay, Gross, Steinway & Bennett, Birmingham, MI, for Petitioner-Appellee.

Don W. Atkins (argued and briefed), Office of the Prosecuting Attorney, Detroit, MI, for Respondent-Appellant.

Before: MARTIN, Chief Judge; WELLFORD and MOORE, Circuit Judges.

MARTIN, C.J., delivered the opinion of the court, in which MOORE, J., joined. WELLFORD, J. (pp. 682-83), delivered a separate dissenting opinion.

BOYCE F. MARTIN, Jr., Chief Judge.

Dwight Rashad sought a writ of habeas corpus, alleging that his state court felony conviction for possession with intent to deliver over six hundred and fifty grams of cocaine after an earlier conviction for possession of the same substance violated his rights under the Double Jeopardy...

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