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Where (1) Puerto Rico courts concluded in preliminary hearings that weapons charges against a defendant were not supported by probable cause, (2) the defendant then pleaded guilty to equivalent federal charges based on the same conduct and (3) he later moved to dismiss the federal indictment on double jeopardy and issue preclusion grounds, a U.S. District Court judge correctly denied the dismissal motion, as jeopardy did not attach in the Puerto Rico courts and the issue preclusion argument was waived.
Affirmed.
“ The district court, adopting the Report and Recommendation of [a] magistrate judge, concluded that jeopardy had not attached in the Puerto Rico proceedings, and hence that the federal prosecution did not offend double jeopardy principles. The district court also found that [defendant William] Rosado-Cancel's issue preclusion...