protester's ranks swelled into the thousands, and New York City police arrested hundreds. The movement attracted steadily increasing media attention, and spurred similar protests across the nation, including in Eureka and Arcata.

If nothing else, both movements have inspired average people to get involved politically -- and their members might find more in common if they paused to consider. Ciancio said that if the Occupy movement could look beyond Wall Street and broaden its focus to all the elected and appointed officials making huge salaries, it would be more on track with Tea Party objectives. He made it clear that he does not approve of the new protesters, but he did say that, however indirectly, the movements could be working toward some of the same goals.

While the Tea Partycourt, having heard and rejected similar arguments by Pellerito three years ago, denied the petition without an evidentiary hearing, and Pellerito appeals.  We affirm.


2
The background facts can be stated briefly.  Together with more than 30 co-defendants, Pellerito was indicted in 1988 for conspiring to distribute heroin as part of a major drug distribution ring.  Many defendants pled but Pellerito and one co-defendant went to trial on June 6, 1988.  On the following day, Pellerito reached agreement with the government and entered a guilty plea to the single count charged against him, and his co-defendant entered a guilty plea on June 8. Pellerito's decision was prompted in part by government evidence that threatened Pellerito with a possible life sentence;  the plea agreement capped his