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UNITED STATES v. OTHERSON

Nos. 80-1202, 80-1203.

637 F.2d 1276 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey OTHERSON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Bruce BROWN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 6, 1980.

Rehearing Denied February 20, 1981.

Attorney(s) appearing for the Case

Michael J. McCabe, San Diego, Cal., Joseph Milchen, Frank & Milchen, San Diego, Cal., for defendant-appellant.

David C. Doyle, Asst. U. S. Atty., argued, M. James Lorenz, U. S. Atty., David C. Doyle, Asst. U. S. Atty., on the brief, San Diego, Cal., for plaintiff-appellee.

Before PREGERSON, FERGUSON and NORRIS, Circuit Judges.

PREGERSON, Circuit Judge.

Appellants Jeffrey Otherson and Bruce Brown, United States Border Patrol agents, were tried by the court on stipulated facts and convicted of violating 18 U.S.C. § 2421 by depriving aliens of federal rights, and of conspiring to effect such a deprivation in violation of 18 U.S.C. §§ 371 and 242.

Otherson and Brown do not deny beating aliens who had illegally entered the United States from...

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