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U.S. EX REL. RIVERA v. SHERIFF OF COOK COUNTY

No. 97 C 3581.

8 F.Supp.2d 763 (1998)

UNITED STATES of America ex rel. Edwardo RIVERA, Petitioner, v. SHERIFF OF COOK COUNTY, Respondent.

United States District Court, N.D. Illinois, Eastern Division.

February 17, 1998.

Attorney(s) appearing for the Case

Frederick F. Cohn, Chicago, IL, for Petitioner.

Terry L. McDonald, Renee Goldfarb, Cook County State's Attys., Chicago, IL, Romano D. DiBenedetto, Dakoff and DiBenedetto, Niles, IL, for Respondent.

REVISED MEMORANDUM OPINION

GRADY, District Judge.

Before the court is Edwardo Rivera's petition for a writ of habeas corpus based on the Double Jeopardy Clause. For the reasons explained below, the petition is granted.

BACKGROUND

On March 30, 1993, Weydowing LaPorte, Jacqueline Vicario and Samuel Ponte were driving home from a movie around midnight when a car pulled up behind them and shone bright lights into their car. The...

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