FALCONE v. STEWART

No. 96-15755.

157 F.3d 1204 (1998)

Kenneth John FALCONE, Petitioner-Appellant, v. Terry STEWART, Director; Attorney General of the State of Arizona, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

October 22, 1998.


Attorney(s) appearing for the Case

Kenneth John Falcone, Tucson, Arizona, pro se.

Dawn M. Northrup, Assistant Attorney General, Phoenix, Arizona, for respondents-appellees.

Before: FARRIS and TASHIMA, Circuit Judges, and STAGG, Senior District Judge.


ORDER

Our judgment in Falcone v. Stewart, 120 F.3d 1082 (9th Cir.1997), was vacated by the Supreme Court for further consideration in light of Monge v. California, ___ U.S. ____, 118 S.Ct. 2246, 141 L.Ed.2d 615 (1998), and the case remanded to this court.

Our judgment was bottomed on the holding that Falcone's resentencing violated the double jeopardy clause. See Falcone, 120 F.3d at 1087. In Monge...

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