Smith v. Hedgpeth

Filing 28

ORDER signed by Chief Circuit Judge Alex Kozinski on 07/29/11 GRANTING 26 Motion for Certificate of Appealability. (Benson, A.)

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1 UNITED STATES DISTRICT COURT 2 FOR THE EASTERN DISTRICT OF CALIFORNIA 3 4 STEVE ALLEN SMITH, 5 Petitioner, 6 v. 7 A. HEDGPETH, Warden, et al., 8 Respondents. 9 ) ) ) ) ) ) ) ) ) ) 2:07-CV-02237-AK CERTIFICATE OF APPEALABILITY 10 11 12 Petitioner has filed a “Motion for Certificate of Appealability.” Good cause having been shown, the certificate is granted as to the following issue: 13 14 When a defendant is charged with two offenses, and one of the offenses 15 contains sentencing enhancement allegations which render the second 16 offense a lesser included offense to the other, does the Double Jeopardy 17 Clause prohibit conviction on both offenses? 18 19 20 21 22 23 24 25 26 27 28 Dated: July 29, 2011 A ALEX KOZINSKI Chief Circuit Judge Sitting by designation

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