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U.S. v. JULIEN

No. 02-1765.

318 F.3d 316 (2003)

UNITED STATES, Appellee, v. Garry JULIEN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 3, 2003.

Attorney(s) appearing for the Case

William Maselli for appellant.

Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, United States Attorney, was on brief for appellee.

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

LYNCH, Circuit Judge.

Garry Julien was charged with conspiracy with intent to distribute cocaine base and possession with intent to distribute cocaine base, in violation of 21 U.S.C. § 841 (2000) and 18 U.S.C. § 2 (2000). He was tried in December 2001 along with a codefendant, Brian Goodine. The five-day trial ended with a conviction for Goodine but a hung jury for Julien; over Julien's objection, the district court declared a mistrial on the charges against...

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