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ROSADO v. CORRECTIONS, ME WARDEN

No. 96-2310.

109 F.3d 62 (1997)

Luis ROSADO, Plaintiff, Appellant, v. CORRECTIONS, ME WARDEN, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 26, 1997.

Attorney(s) appearing for the Case

Timothy S. Murphy and Gardner Gardner & Murphy, Saco, ME, on brief, for plaintiff, appellant.

Andrew Ketterer, Attorney General, Mary M. Sauer and Charles K. Leadbetter, Assistant Attorneys General, Agusta, ME, on brief, for defendants, appellees.

Before TORRUELLA, Chief Judge, CAMPBELL, Senior Circuit Judge, and BOUDIN, Circuit Judge.

PER CURIAM.

Petitioner Luis Rosado has filed an application for a writ of habeas corpus under 28 U.S.C. § 2254. In it, he argues that the Maine statute setting forth the circumstances under which a juvenile may be prosecuted as an adult, see 15 M.R.S.A. § 3101(4), violates due process because it directs the juvenile court to use a preponderance of the evidence standard in determining when such prosecution is required; Rosado maintains that the Constitution...

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