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U.S. v. TORRES-FLORES

No. 86-2940.

827 F.2d 1031 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Mario Antonio TORRES-FLORES, a/k/a Leopoldo Hernandez-Segovia, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 10, 1987.

Attorney(s) appearing for the Case

Thomas S. Berg, Asst. Federal Public Defender, Roland E. Dahlin, II, Federal Public Defender, Thomas G. Lindenmuth, Asst. Federal Public Defender, Houston, Tex., for defendant-appellant.

James R. Gough, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before RUBIN, GARZA and JOLLY, Circuit Judges.

GARZA, Circuit Judge:

Mario Antonio Torres-Flores was accused of assaulting an agent of the United States Border Patrol in violation of 18 U.S.C. § 111. The identity of the person who fired a weapon at the agent was the only issue in dispute. The Government presented a single witness for identification, and a series of potentially suggestive photographs as evidence. After trial by jury, the defendant was found guilty...

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