United States v. Henry Peterson

LYNCH, Circuit Judge.

Henry Peterson was convicted of five federal narcotics and firearms offenses on August 27, 1999. Peterson challenges the federal prosecution as vindictive and a violation of equal protection under the Fourteenth Amendment because it was based on the same underlying criminal activities as a prior Rhode Island prosecution. Peterson also claims that the trial judge abused his discretion by not reopening the *104case to allow Peterson to testify on his own behalf.

In addition, Peterson challenges the district court’s application of the Sentencing Guidelines, which, based on his…