In habeas proceedings claiming that petitioner's Fifth Amendment rights were violated by being punished twice for the same offense, district court's denial of the petition is affirmed where: 1) applying AEDPA, state courts' adjudication of the double jeopardy claim was not "contrary to," or an "unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States"; and 2) the appellate court did not unreasonably determine that defendant's abduction of the victim was a distinct offense under Virginia law warranting separate punishment.
Argued: December 2, 2009
Decided: January 15, 2010
Opinion by Circuit Judge Motz
For Appellant: John Granville Douglass, University of Richmond, School of Law
For Appellee: Steven Andrew Witmer, Office of the Attorney General of Virginia