DYE v. FRANK

No. 03-1368.

355 F.3d 1102 (2004)

Stephen DYE, Petitioner-Appellant, v. Matthew J. FRANK, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 27, 2004.


Attorney(s) appearing for the Case

Christopher M. Bailey (argued), Milwaukee, WI, for Petitioner-Appellant.

Gregory M. Weber (argued), Office of the Attorney General, Madison, WI, for Respondent-Appellee.

Before FLAUM, Chief Judge, and BAUER and ROVNER, Circuit Judges.


FLAUM, Chief Judge.

In 1995, Stephen Dye was convicted by a Wisconsin jury of possession with intent to deliver cocaine. After exhausting his state remedies, Dye filed a petition for writ of habeas corpus in the district court, arguing that his criminal conviction was a violation of the Double Jeopardy Clause of the United States Constitution as he had already been subjected to a tax assessment and seizure based upon his possession of the same drugs. The district...

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