U.S. v. DAY

Nos. CR 91-60126-6, CV 95-6002-HO.

897 F.Supp. 1298 (1995)

UNITED STATES of America, Plaintiff, v. Kevin Patrick DAY, Defendant.

United States District Court, D. Oregon.

July 5, 1995.


Attorney(s) appearing for the Case

Kristine Olson, United States Attorney, Deborah J. Dealy-Browning, Assistant United States Attorney, Portland, OR, for plaintiff.

Paul M. Ferder, Ferder, Brandt & Casebeer, Salem, OR, for defendant.


OPINION AND ORDER

ROBERT E. JONES, District Judge.

Petitioner filed this habeas corpus proceeding under 28 U.S.C. § 2255 seeking to vacate his conviction and sentence on the grounds that they violated the Doubled Jeopardy Clause of the Fifth Amendment to the United States Constitution.

BACKGROUND

On June 27, 1991, a search was executed in Silverton, Oregon where a large number of marijuana plants, $1,700 in currency, and a Harley Davidson...

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