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UNITED STATES v. CASTRO

No. 79-5460. Summary Calendar.

621 F.2d 127 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Baltazar Estrada CASTRO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 21, 1980.

Attorney(s) appearing for the Case

Lauro Benavides, Laredo, Tex. (Court-appointed), for defendant-appellant.

John M. Potter, James R. Gough, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before HILL, GARZA and THOMAS A. CLARK, Circuit Judges.

GARZA, Circuit Judge:

On June 10, 1979, Appellant, Baltazar Estrada Castro, was one of many illegal alien federal prisoners at the Webb County Detention Center in Laredo, Texas. At noon on that day, Deputy Sheriff Ramon Garza was within the detention center compound and approached the barracks where Castro was located for the purpose of locking-in the prisoners after their noon meal. As Garza neared the door, Castro handed Garza a letter, but instead of giving the...

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