Opinion
Civil No. 08-cv-178-PB.
February 5, 2009
ORDER
Petitioner has not objected to the motion for summary judgment. Accepting as true the factual averments on which the motion is based, I determine that the defendant is entitled to summary judgment. The jury instruction claim is procedurally barred for the reasons cited in defendant's memorandum. The double jeopardy claim is without merit, again for the reasons cited in defendant's memorandum.
The motion for summary judgment (doc. no. 16) is granted.
SO ORDERED.