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GONZALEZ v. JUSTICES OF MUN. COURT OF BOSTON

No. 03-2732.

420 F.3d 5 (2005)

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 24, 2005.

Attorney(s) appearing for the Case

Robert W. Hagopian on supplemental brief for appellant.

Thomas F. Reilly, Attorney General, Commonwealth of Massachusetts, and David M. Lieber, Assistant Attorney General, on supplemental brief for appellees.

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

SELYA, Circuit Judge.

In Gonzalez v. Justices of the Municipal Court, 382 F.3d 1 (1st Cir.2004), we affirmed the district court's denial of petitioner-appellant Jorge J. Gonzalez's request for federal habeas relief from a pending state prosecution. Concluding that an initial proceeding based on the same complaint had not resulted in an acquittal within the cognizance of the Double Jeopardy Clause, we held that the pending prosecution...

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