Kelly Volpe v. Ginine Trim

OPINION

HELENE N. WHITE, Circuit Judge.

Petitioner Kelly L. Volpe (Volpe), an Ohio state prisoner, appeals the district court’s denial of her 28 U.S.C. § 2254 ha-beas corpus petition. She argues that her state convictions of both operating a vehicle while under the influence, Ohio Rev. Code § 4511.19(A)(1)(a), and aggravated vehicular homicide as a proximate result of operating a vehicle while under the influence, id. § 2903.06(A)(1)(a), violate the federal Double Jeopardy Clause. We AFFIRM.

I

A

The facts recounted by the state appellate court are undisputed:

On the evening of February 24, 2006,…