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LOSEY v. FRANK

No. 02-01252.

268 F.Supp.2d 1066 (2003)

James D. LOSEY, Petitioner, v. Matthew FRANK, Secretary, Wisconsin Department of Corrections, Respondent.

United States District Court, E.D. Wisconsin.

June 16, 2003.

Attorney(s) appearing for the Case

Pro Se, for Plaintiff or Petitioner.

Warren D. Weinstein, for Defendant or Respondent.

DECISION AND ORDER

ADELMAN, District Judge.

Petitioner James D. Losey seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241 arguing that lie is being unconstitutionally detained for retrial on a charge of armed robbery, his original conviction having been set aside. He argues that the State of Wisconsin may not retry him without violating the Fifth Amendment's prohibition of double jeopardy.

I. FACTUAL AND PROCEDURAL BACKGROUND...

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