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U.S. v. PETERSON

No. 99-2294.

233 F.3d 101 (2000)

UNITED STATES of America, Appellee, v. Henry PETERSON, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 5, 2000.

Attorney(s) appearing for the Case

James M. Fox, by appointment of the court, on brief for appellant.

Donald C. Lockhart, Assistant United States Attorney, with whom Margaret E. Curran, United States Attorney, and Terrence P. Donnelly, Assistant United States Attorney, were on brief, for appellee.

Before TORRUELLA, Chief Judge, LYNCH and LIPEZ, Circuit Judges.

LYNCH, Circuit Judge.

Henry Peterson was convicted of five federal narcotics and firearms offenses on August 27, 1999. Peterson challenges the federal prosecution as vindictive and a violation of equal protection under the Fourteenth Amendment because it was based on the same underlying criminal activities as a prior Rhode Island prosecution. Peterson also claims that the trial judge abused his discretion by not reopening the

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