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McCULLOUGH v. BENNETT

Docket No. 04-0081-PR.

413 F.3d 244 (2005)

Robert McCULLOUGH, Petitioner-Appellant, v. Floyd BENNETT, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 24, 2005.

Attorney(s) appearing for the Case

David Gerald Jay, Buffalo, N.Y., for Petitioner-Appellant.

Loretta S. Courtney, Asst. District Atty., Rochester, N.Y. (Michael C. Green, Monroe County District Atty., Rochester, N.Y., on the brief), for Respondent-Appellee.

Before: MESKILL, NEWMAN, and CABRANES, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal from the denial of a writ of habeas corpus presents the issue of whether convictions and consecutive sentences on two counts of criminal possession of a weapon violate petitioner's double jeopardy rights when the two counts reflected shootings at two victims getting out of the same vehicle in rapid succession. Petitioner-appellant Robert McCullough appeals from the November 10, 2003, judgment of the District Court for the...

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