Duane Brecheisen v. Eloy Mondragon, Warden And, Attorney General, State of New Mexico

JOHN P. MOORE, Circuit Judge.

This is an appeal from an order of the United States District Court for the District of New Mexico dismissing with prejudice defendant’s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Mr. Brecheisen (the defendant) argues that his petition should be granted because his earlier conviction for misdemeanor battery bars a subsequent conviction for criminal sexual penetration (CSP) under the Double Jeopardy Clause of the Fifth Amendment. Defendant also challenges the CSP statute as unconstitutionally vague and overbroad and claims there was…