Filed: Jun. 28, 2001
Latest Update: Feb. 22, 2020
Summary: Jesus Miranda-Gonzalez on brief pro se., Guillermo Gil, United States Attorney, Jorge E. Vega-, Pacheco, Assistant United States Attorney, and Nelson Perez-, Sosa, Assistant United States Attorney, on brief for appellee.U.S.C. § 2241 and petitioner has appealed.
[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 00-1852
JESUS MIRANDA-GONZALEZ,
Plaintiff, Appellant,
v.
J. L. GARCIA,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Juan M. Pérez-Giménez, U.S. District Judge]
Before
Selya, Circuit Judge,
Campbell and Stahl, Senior Circuit Judges.
Jesus Miranda-Gonzalez on brief pro se.
Guillermo Gil, United States Attorney, Jorge E. Vega-
Pacheco, Assistant United States Attorney, and Nelson Perez-
Sosa, Assistant United States Attorney, on brief for appellee.
June 27, 2001
Per Curiam. The district court dismissed the
habeas petition filed by Jesus Miranda-Gonzalez under 28
U.S.C. § 2241 and petitioner has appealed. After carefully
reviewing the record and the briefs of the parties, we
affirm the judgment of the district court for essentially
the reasons stated in the magistrate judge's Report and
Recommendation and in the district judge's Opinion and
Order. Specifically, petitioner's double jeopardy argument
is meritless because the Double Jeopardy Clause does not
apply in prison disciplinary proceedings. Any due process
argument also lacks merit because, even assuming, without
deciding, that petitioner possessed some kind of liberty
interest, he received all the process he was due under Wolff
v. McDonnell,
418 U.S. 539 (1974).
Affirmed. See Local Rule 27(c).