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COMMONWEALTH v. BURGOS

390 Mass. 763 (1984)

459 N.E.2d 469

COMMONWEALTH vs. ALVARAZ EMILIO BURGOS.

Supreme Judicial Court of Massachusetts, Hampden.

January 17, 1984.

Attorney(s) appearing for the Case

Daniel E. Callahan for the defendant.

William T. Walsh, Jr., Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & O'CONNOR, JJ.

ABRAMS, J.

After a jury-waived trial, the defendant, Alvaraz Emilio Burgos, was convicted of distribution of heroin, a second offense, G.L.c. 94C, § 32 (b), as appearing in St. 1980, c. 436, § 4, and was sentenced to the Massachusetts Correctional Institution, Walpole, for a term of eight to ten years. In January, 1983, the defendant filed a motion asking that he be resentenced pursuant to our decisions in Commonwealth v. Gagnon,

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