Robert Earl Pryor v. James H. Rose, Warden

CONTIE, Circuit Judge.

This is the rehearing of an appeal from a district court order which granted relief to the appellee, Robert Pryor, on a petition for habeas corpus brought pursuant to 28 U.S.C. § 2254. The court held that the imposition of consecutive sentences for assault with intent to commit robbery with a deadly weapon and assault with intent to commit first degree murder violated the double jeopardy clause of the United States Constitution. It therefore granted the writ as to the conviction for assault with intent to commit first degree murder. We affirm.

I

Pryor was tried in the…