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PINERO v. VERDINI

No. CIV.A. 00-12519-GAO.

295 F.Supp.2d 184 (2003)

Aurelio PINERO, Jr. Petitioner v. Paul VERDINI, Respondent

United States District Court, D. Massachusetts.

November 25, 2003.

Attorney(s) appearing for the Case

Thomas Dee, Cathryn A. Neaves, Attorney General's Office, Boston, MA, for Paul H. Verdini, Defendant.

Aurelio Pinero, Shirley, MA, for Aurelio Pinero, Jr., Plaintiff.

Michael J. Zeman, Bronspiegel & Zeman, New Bedford, MA, for Aurelio Pinero, Jr., Plaintiff.

MEMORANDUM AND ORDER

O'TOOLE, District Judge.

Aurelio Pinero Jr. has filed a petition for a writ of habeas corpus challenging his Massachusetts conviction for assault with intent to rape. Pinero argues that he was prosecuted and convicted in violation of the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution, made applicable to state criminal proceedings by the Fourteenth Amendment. See Benton v. Maryland,

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