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JACKSON v. SMITH

No. 11-4146.

745 F.3d 206 (2014)

Morris JACKSON, Petitioner-Appellant, v. Keith SMITH, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 7, 2014.

Attorney(s) appearing for the Case

ARGUED: Peter A. Patterson, University of Cincinnati Appellate Clinic, Cincinnati, Ohio, for Appellant. Jerri L. Fosnaught, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Colter L. Paulson, Squire Sanders LLP, Cincinnati, Ohio, for Appellant. Jerri L. Fosnaught, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

GRIFFIN, J., delivered the opinion of the court in which GILMAN, J., concurred, and WHITE, J., concurred in part. WHITE, J. (pp. 13-14), delivered a separate opinion concurring in part.

OPINION

GRIFFIN, Circuit Judge.

Morris Jackson appeals the denial of his habeas corpus petition filed under 28 U.S.C. § 2254, in which he claims that the consecutive sentences imposed on his Ohio convictions for aggravated robbery and attempted kidnapping violate the Double Jeopardy Clause's ban on multiple punishments for the same offense. We affirm.

I.

In November 2005, an Ohio jury convicted Jackson of aggravated robbery and attempted...

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