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NORTON v. SPENCER

No. 03-1571.

351 F.3d 1 (2003)

Roger NORTON, Petitioner, Appellee, v. Luis SPENCER, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided October 30, 2003.

Attorney(s) appearing for the Case

Dean A. Mazzone, Assistant Attorney General, Criminal Bureau, with whom Thomas F. Reilly, Attorney General, were on brief, for appellant.

Stewart T. Graham, Jr., with whom Graham & Graham, was on brief, for appellee.

Before TORRUELLA and LIPEZ, Circuit Judges, and SCHWARZER, Senior District Judge.

TORRUELLA, Circuit Judge.

Roger Norton, petitioner-appellee, defends the district court's order granting his writ of habeas corpus. After careful review, we affirm.

I. Background

Roger Norton ("Norton"), was accused of sexually assaulting Héctor Fuentes ("Fuentes"), an eleven year old child. Fuentes reported Norton's alleged indecent assault to the state police after he discovered his cousin, Noel Rodríguez ("Noel")...

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