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WILSON v. CZERNIAK

No. 02-36121.

355 F.3d 1151 (2004)

Gregory Paul WILSON, Petitioner-Appellant, v. Stan CZERNIAK, Superintendent Oregon State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 20, 2004.

Attorney(s) appearing for the Case

Richard L. Wolf (argued), Portland, Oregon, and Dennis N. Balske (briefed), Portland, OR, for the petitioner-appellant.

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

Before ALARCÓN, FERGUSON, and RAWLINSON, Circuit Judges.

FERGUSON, Circuit Judge.

Gregory Paul Wilson ("Wilson") appeals the District Court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus to prevent the State of Oregon from retrying him on three counts of aggravated felony murder. We have jurisdiction over his appeal under 28 U.S.C. § 1291 and 28 U.S.C. § 2253. We hold that the Fifth Amendment Double Jeopardy Clause prohibits Wilson's retrial because he has already been tried, and acquitted...

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