UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

PEDRO DURAN ALIX, ) ) Petitioner, ) Vv. ) CIVIL ACTION ) NO. 17-10619-PBS RAYMOND MARCHILLI, ) ) Respondent. )

REPORT AND RECOMMENDATION ON PETITION FOR WRIT OF HABEAS CORPUS August 7, 2019 DEIN, U.S.M.J. 1. INTRODUCTION In December 2013, the petitioner, Pedro Alix (“Alix” or “defendant” or “petitioner’), was convicted in Salem Superior Court of possession with intent to distribute heroin, subsequent offense, in violation of Mass. Gen. Laws ch. 94C, § 32(b), and of committing a drug violation within 300 feet of a school or park, in violation of Mass. Gen. Laws ch. 94C, § 32J. His convic- tion was affirmed by the Massachusetts Appeals Court (“MAC”) in an unpublished decision dated December 1, 2015. Commonwealth v. Alix, No. 14-P-1602,

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(Dec. 1, 2015) (table) (Alix 1). His application for leave to obtain further appellate review (“ALOFAR”) was denied by the Massachusetts Supreme Judicial Court (“SJC”) on January 27, 2016. Commonwealth v. Alix,

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(Jan. 27, 2016) (table). Alix is now serving a state prison sentence of 5 -7 years on count one and 2% - 5 years on count two, to be served consecutively. Woe x acter 7 Wve ag commerce □□□ ut □□□ Ser rbfoot eC □□ Arrd to... , Mg □