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UNITED STATES v. BABB

No. 86-1081.

807 F.2d 272 (1986)

UNITED STATES of America, Appellee, v. Curtis BABB, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 17, 1986.

Attorney(s) appearing for the Case

Patricia Elliot, Cambridge, Mass. by Appointment of the Court, with whom Owens and Associates, Henry F. Owens, III and Ellen K. Wade, Boston, Mass., were on brief, for defendant, appellant.

Jonathan Chiel, Asst. U.S. Atty., with whom William F. Weld, U.S. Atty., Boston, Mass., was on brief, for appellee.

Before BOWNES and TORRUELLA, Circuit Judges, and CARTER, District Judge.

GENE CARTER, District Judge.

Once again we are faced with an appeal in which a convicted defendant-appellant seeks to overturn his conviction by alleging prosecutorial misconduct. In this case, defendant-appellant Curtis Babb claims that his conviction for committing perjury before a United States grand jury is fundamentally unfair because the prosecutor falsely assured him, immediately before his grand jury testimony and in the presence of the grand jury, that he...

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