BURLESON v. SAFFLE

No. 00-6254.

292 F.3d 1253 (2002)

B.J. BURLESON, Petitioner-Appellant, v. James SAFFLE, Respondent-Appellee, and Drew Edmondson, Respondent.

United States Court of Appeals, Tenth Circuit.

June 12, 2002.


Attorney(s) appearing for the Case

Susan M. Otto, Federal Public Defender, Oklahoma City, OK, for Petitioner-Appellant.

Diane L. Slayton, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma, with her on the briefs), Oklahoma City, OK, for Respondent and Respondent-Appellee.

Before LUCERO, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and STAGG, District Judge.


LUCERO, Circuit Judge.

B.J. Burleson, an Oklahoma state prisoner, asks this Court to reverse the decision of the district court denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus. He contends that his state court conviction for two counts of using a vehicle to facilitate the intentional discharge of a weapon was a violation of the Double Jeopardy Clause of the Fifth Amendment. On May 7, 2001, we granted Burleson a certificate of appealability....

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