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VARGAS v. QUARTERMAN

No. EP-07-CA-92-DB.

589 F.Supp.2d 805 (2008)

Juan Carlos VARGAS, Petitioner, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.

United States District Court, W.D. Texas, El Paso Division.

November 13, 2008.

Attorney(s) appearing for the Case

Juan Carlos Vargas, Amarillo, TX, pro se.

Fredericka Sargent, Gena Blount Bunn, Office of the Attorney General, Austin, TX, for Respondents.

MEMORANDUM OPINION AND ORDER

DAVID BRIONES, District Judge.

Before the Court is Petitioner Juan Carlos Vargas's "Petition for a Writ of Habeas Corpus by a Person in State Custody" pursuant to 28 U.S.C. § 2254 ("Petition") [Docket No. 1]. The dispositive question therein is whether the collateral estoppel component of the Fifth Amendment Double Jeopardy Clause1 should have precluded

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