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UNITED STATES v. FLORENTINO

No. 03-1067.

393 F.3d 270 (2005)

UNITED STATES of America, Appellee, v. Germain FLORENTINO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Entered: January 3, 2005.

Attorney(s) appearing for the Case

Dina Michael Chaitowitz, U.S. Attorney's Office John Joseph Moakley Courthouse, Boston, MA, for Appellee.

J. Thomas Kerner, Boston, MA, for Defendant-Appellant.

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

ORDER OF COURT

Since the petition for rehearing and the later-filed amicus brief cite to Supreme Court decisions not previously cited to us on the appeal, a brief comment on the principal decisions thus cited is appropriate. In the panel's view, neither of these cases is in point.

Pino v. Landon, 349 U.S. 901, 75 S.Ct. 576, 99 L.Ed. 1239 (1955), cited by petitioner, involved a Massachusetts first-tier conviction in a case then placed "on file" —...

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