Palazzolo V. Gorcyca

Petitioner-Appellant Gerard Joseph Palazzolo ("Petitioner") was indicted in Michigan on a single charge of First-Degree Criminal Sexual Conduct ("CSC I"). The trial court granted Petitioner's motion to reduce the charge to Second-Degree Criminal Sexual Conduct ("CSC II"), and entered Petitioner's plea of nolo contendere over the state's objection. Thereafter, the state successfully appealed the trial court's order reducing the charge, and the Michigan Court of Appeals remanded for reinstatement of the CSC I charge. After exhausting state appeals, Petitioner sought relief, pursuant to 28 U.S.C. § 2254, in the district court below. He appeals from the judgment denying his petition for writ of habeas corpus, raising the single issue of whether the state's appeal and subsequent prosecution of Petitioner on the CSC I charge are barred by the Double Jeopardy Clause. For the reasons that follow, we affirm the judgment of the district court.