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RIVERA v. PUGH

No. 98-35900.

194 F.3d 1064 (1999)

Jerrold E. RIVERA, Petitioner-Appellant, v. Margaret PUGH, Commissioner of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 15, 1999.

Attorney(s) appearing for the Case

Michael S. Taggart, Assistant Federal Defender, Office of Federal Defender, Anchorage, Alaska, for the petitioner-appellant.

Eric A. Johnson, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, Alaska, for the respondent-appellee.

Before: BOOCHEVER, REAVLEY, and TROTT, Circuit Judges.

BOOCHEVER, Circuit Judge:

Jerrold Rivera appeals from the district court's denial of his writ of habeas corpus. He argues that his criminal prosecution and punishment in Alaska for refusing a chemical breath test violated the Double Jeopardy Clause of the Fifth Amendment, because the state had already revoked his driver's license for the same behavior.

FACTS AND PROCEDURE

Jerrold Rivera was arrested on December 18, 1994 in Ketchikan, Alaska, and...

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