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GONZALEZ v. JUSTICES OF MUNICIPAL COURT

No. 03-2732.

382 F.3d 1 (2004)

Jorge J. GONZALEZ, Petitioner, Appellant, v. The JUSTICES OF the MUNICIPAL COURT OF BOSTON et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided August 19, 2004.

Attorney(s) appearing for the Case

Robert W. Hagopian, with whom James G. Pepe, Jr. was on brief, for appellant.

Cathryn A. Neaves, Assistant Attorney General, Commonwealth of Massachusetts, with whom Thomas F. Reilly, Attorney General, was on brief, for appellees.

Before SELYA, Circuit Judge, PORFILIO, Senior Circuit Judge, and LYNCH, Circuit Judge.

SELYA, Circuit Judge.

Petitioner-appellant Jorge J. Gonzalez presently awaits trial in the Boston Municipal Court (the BMC) on state drug distribution charges. Gonzalez claims that this pending state prosecution places him twice in jeopardy for the same offense. On that basis, he seeks federal habeas relief. The district court dismissed his application, and he now appeals.

This is not the usual post-conviction habeas proceeding. Consequently, we must address...

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