King v. MacEachern, No. 10-2095 (1st Cir. 2011)
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Convicted of armed robbery of a convenience store, assault and battery, and intimidation of a witness, petitioner was sentenced to five to six years. His habeas corpus petition was denied in the district court. The First Circuit affirmed. The state appeals court's determination that a rational juror could have found that petitioner possessed a weapon at the time of the robbery was not objectively unreasonable, based on his words, "I'll blow you away," while holding his hand in his jacket, suggestive of a gun. Petitioner's statement, to a victim, that he would come back and kill him if he saw him on the news, was sufficient to support conviction for witness intimidation. The court noted that petitioner had beaten the victim, taken the victim's bicycle, and demanded that the victim give him the security tapes.
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