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.)

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