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CUSTER v. HILL

No. 02-36038.

378 F.3d 968 (2004)

Jimmie Lee CUSTER, Petitioner-Appellant, v. Jean HILL, Superintendent, Eastern Oregon Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2004.

Attorney(s) appearing for the Case

Donnal S. Mixon, Assistant Federal Public Defender, Medford, OR, for the petitioner-appellant.

Timothy A. Sylwester, Assistant Attorney General, Salem, OR, for the respondent-appellee.

Before ALARCON, FERGUSON, and RAWLINSON, Circuit Judges.

Opinion by Judge RAWLINSON; Dissent by Judge FERGUSON.

RAWLINSON, Circuit Judge.

Jimmie Lee Custer appeals the District Court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus challenging his conviction for sodomy in the first degree. Custer's claim that the Oregon court violated his rights under the Fifth Amendment fails. Custer was not subjected to double jeopardy when Oregon prosecuted Custer for engaging in sodomy with his stepson...

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