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GONZALEZ v. U.S.

Nos. CIV.A. 00-11054-WGY, CIV.A. 00-12636-WGY.

135 F.Supp.2d 112 (2001)

Jose GONZALEZ, Petitioner, v. UNITED STATES, Respondent. Scott T. Brackett, Petitioner, v. United States, Respondent.

United States District Court, D. Massachusetts.

March 27, 2001.

Attorney(s) appearing for the Case

Bernard Grossberg, Boston, MA, for Petitioner.

Susan M. Poswistilo, United States Attorney's Office, Boston, MA, for Respondent.

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

These cases present an extraordinary clash between the attempt of the Massachusetts legislature to provide procedural due process to those accused of crime and the will of the United States Congress to restrict such procedural protections as far as the United States Constitution permits.

Both petitioners, Jose Gonzalez ("Gonzalez") and Scott Brackett ("Brackett") bring their petitions pursuant to 28...

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