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101189P.pdf   11/01/2010  Thomas Dodge  v.  Elizabeth Robinson
   U.S. Court of Appeals Case No:  10-1189
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Gruender, Author, with Bright and Shepherd,
   Circuit Judges]
Prisoner case - habeas. Imposition of cumulative punishment for possession and manufacturing offenses did not violate the Double Jeopardy Clause as the Iowa legislature meant to impose cumulative punishments for the two offenses and each offense contains an element not found in the other; as such, counsel's failure to raise a double jeopardy argument could not constitute ineffective assistance of counsel; as a result, the district court erred in granting habeas relief on the petitioner's ineffective assistance of counsel claim.