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

985 F.2d 573 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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, Superintendent, Oregon State Penitentiary, Respondent-Appellee. No. 91-35742. United States Court of Appeals, Ninth Circuit. Submitted May 26, 1992. * Memorandum Filed June 4, 1992. Memorandum Withdrawn Sept. 16, 1992. Argued and Submitted Jan. 6, 1993. Decided Jan. 29, 1993. Appeal from the United States District Court for the District of Oregon; No. CV-89-6433-MRH, Robert E. Jones, District Judge, Presiding. D.Or. AFFIRMED. Before D.W. NELSON, TROTT and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Nealise Jenkins appeals the district court's dismissal of his petition for habeas corpus relief under 28 U.S.C. § 2254 (1988). Jenkins contends the government's introduction in a subsequent trial for armed robbery of prior acts for which he had been acquitted violated the Double Jeopardy Clause of the Fifth Amendment. 3 We find no constitutional…