Nealise Jenkins v. Manfred Maass, Superintendant, Oregon State Penitentiary

967 F.2d 587 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Nealise JENKINS, Petitioner-Appellant, v. Manfred MAASS, Superintendant, Oregon State Penitentiary, Respondent-Appellee. No. 91-35742. United States Court of Appeals, Ninth Circuit. Submitted May 26, 1992. * Decided June 4, 1992. Order Withdrawing Memorandum on Grant of Rehearing in Part September 16, 1992. Before FARRIS, DAVID R. THOMPSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Nealise Jenkins appeals the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254 . Jenkins argues that Oregon violated the Double Jeopardy Clause by introducing at his trial for robbery evidence from a prior robbery trial at which Jenkins was acquitted. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo whether the Double Jeopardy Clause bars retrial. United States v. Affinito, 873 F.2d 1261, 1263 (9th Cir.1989). We affirm. 3 In April 1986, Jenkins received separate…