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BOHLEN v. CASPARI

No. 91-3360.

979 F.2d 109 (1992)

Christopher X. BOHLEN, Appellant, v. Paul D. CASPARI; William Webster, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 16, 1992.

Rehearing and Rehearing Denied December 8, 1992.

As Amended December 11, 1992.

Attorney(s) appearing for the Case

Richard Holland Sindel, Clayton, Mo., argued, for appellant.

Frank A. Jung, Jefferson City, Mo., argued (William Webster and Frank A. Jung, on the brief), for appellees.

Before JOHN R. GIBSON, Circuit Judge, HEANEY, Senior Circuit Judge, and BEAM, Circuit Judge.

Rehearing and Rehearing En Banc Denied December 8, 1992.

BEAM, Circuit Judge.

Christopher X. Bohlen appeals the denial of his habeas corpus petition by the district court. Bohlen argues that he was subject to double jeopardy at a resentencing hearing where the state was given a second chance to prove that he is a persistent offender under Missouri law. Finding that double jeopardy protections apply to persistent offender sentencing proceedings in Missouri...

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