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COMMONWEALTH v. PIMENTEL

No. 06-P-1880.

76 Mass. App. Ct. 236 (2010)

COMMONWEALTH v. FRANCISCO PIMENTEL.

Appeals Court of Massachusetts, Middlesex.

February 3, 2010.

Attorney(s) appearing for the Case

Debra S. Krupp, Committee for Public Counsel Services, for the defendant.

Lisa A. Szulborski, Assistant District Attorney, for the Commonwealth.

Present: RAPOZA, C.J., DUFFLY, & CYPHER, JJ.

CYPHER, J.

This case comes before us by an order of remand of the United States Supreme Court, for further consideration in the light of its decision in Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009).

Procedural background. The defendant, Francisco Pimentel, was convicted by a Superior Court jury in May, 2006, on three indictments charging trafficking in heroin, G. L. c. 94C,

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