FILE - This undated file booking photo provided by the San Francisco Police Department shows Jose Ines Garcia Zarate, a homeless undocumented immigrant who was acquitted of killing Kate Steinle on a San Francisco pier in 2015. A hearing is scheduled Tuesday, May 8, 2018, to determine if Garcia-Zarate and his lawyers can argue to a jury that his federal gun charges represent double jeopardy and/or vindictive prosecution. A state court jury convicted him of illegal gun possession when it acquitted him of murdering Kate Steinle. (San Francisco Police Department via AP, File)
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