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OWENS v. U.S.

Nos. 05-1784, 05-1785.

483 F.3d 48 (2007)

Dwayne OWENS, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided April 12, 2007.

Attorney(s) appearing for the Case

Peter B. Krupp, with whom Lurie & Krupp, LLP was on brief, for appellant.

Theodore B. Heinrich, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.

Before TORRUELLA, LIPEZ, and HOWARD, Circuit Judges.

TORRUELLA, Circuit Judge.

It has long been true that "[a] defendant is entitled to a fair trial but not a perfect one." Lutwak v. United States, 344 U.S. 604, 619, 73 S.Ct. 481, 97 L.Ed. 593 (1953). The trial of Dwayne Owens on a variety of racketeering, murder, assault, and drug trafficking charges has tested that proposition. On balance, we find that Owens' trial may have crossed the line from imperfect to unfair.

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