Thomas V. Kerby

Petitioner Randy Wayne Thomas appeals from an order of the district court dismissing his petition for a writ of habeas corpus under 28 U.S.C. 2254.*fn1 The petition raises three broad grounds for relief, all of which were exhausted in the state courts: (1) involuntary plea induced by unkept promise regarding sentence; (2) ineffective assistance of counsel in connection with plea, sentencing, and appeal; and (3) violation of double jeopardy rights. In dismissing the petition, the district court adopted the magistrate Judge's twenty-page "Second Amended Proposed Findings and Recommended Disposition," issued after an evidentiary hearing on some of petitioner's claims. We review the district court's legal Conclusions de novo and its factual findings for clear error, Hill v. Reynolds, 942 F.2d 1494, 1495 (10th Cir. 1991), and affirm its judgment in all but one respect: we reverse in part the court's rejection of petitioner's double jeopardy claim and remand for further proceedings regarding the appropriate relief to be afforded.