Daniel J. Garrity v. Patrick Fiedler

FLAUM, Circuit Judge.

Defendant Daniel J. Garrity filed a writ of habeas corpus alleging that his conviction for solicitation of burglary following the imposition of prison discipline for the same conduct violated the Double Jeopardy Clause. The district court denied his writ and this appeal followed. We affirm.

I

Daniel Garrity was incarcerated at the Green Bay Correctional Institution when, on June 14, 1990, prison officials caught him passing a note, which discussed plans for several burglaries, to a visitor. Prison authorities filed a conduct report against Garrity, accusing him of violating…