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WILCOX v. McGEE

No. 99-35566.

241 F.3d 1242 (2001)

Richard Shawn WILCOX, Petitioner-Appellant, v. Michael McGEE, Superintendent, Columbia River Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 27, 2001.

Attorney(s) appearing for the Case

William S. LaBahn, Eugene, Oregon, argued the cause for Appellant.

Jennifer S. Lloyd, Assistant Attorney General, Salem, Oregon, argued the cause for Appellee.

Before: ALEX KOZINSKI and ANDREW J. KLEINFELD, Circuit Judges, and WILLIAM W. SCHWARZER, District Judge.

Argued and Submitted September 13, 2000 — Portland, Oregon.

OPINION

PER CURIAM.

The Oregon Circuit Court dismissed petitioner's indictment because of technical errors. Petitioner was re-indicted, tried and convicted. We consider whether the second indictment was barred by double jeopardy.

I

Richard Shawn Wilcox was indicted for first-degree burglary, and a jury was empaneled and...

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