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COMMONWEALTH v. YOUNG

SJC-10147.

453 Mass. 707 (2009)

COMMONWEALTH v. THOMAS YOUNG & another.

Supreme Judicial Court of Massachusetts, Suffolk.

May 4, 2009.

Attorney(s) appearing for the Case

Rachel J. Eisenhaure, Assistant District Attorney (C. Samuel Sutter, District Attorney, with her) for the Commonwealth.

Willie J. Davis for Thomas Young.

Paul W. Patten for Jermaine Rodrigues.

Murray A. Kohn, Committee for Public Counsel Services, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., SPINA, COWIN, CORDY, & BOTSFORD, JJ.

SPINA, J.

These cases, here on a reservation and report by a single justice of this court, require us to decide whether unlicensed possession of a firearm qualifies as a predicate offense pursuant to G. L. c. 276, § 58A, which allows the Commonwealth to seek pretrial detention of individuals accused of certain serious offenses. We conclude that it does not.2

1. Facts. The defendants, in unrelated cases, were both charged...

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