United States v. Parthenya Whitney

REVISED OPINION

Before GODBOLD, Chief Judge, KRAVITCH and HATCHETT, Circuit Judges. PER CURIAM:

In this case, we held that the double jeopardy clause of the Fifth Amendment to the Constitution of the United States does not bar consideration of certain evidence in probation revocation proceedings where the same evidence has formed the basis for a previous parole revocation proceeding. While we adhere to our holding, we add these comments in order to clarify our opinion.

The facts are adequately set out in our prior opinion, United States v. Whitney, 632 F.2d 654 (5th Cir. 1980), hereby withdrawn,…