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U.S. v. SIPE

No. 03-40657.

388 F.3d 471 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. David SIPE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 15, 2004.

Attorney(s) appearing for the Case

Jennifer Levin (argued), U.S. Dept. of Justice, Civ. Rights Div., Appellate Section, David Kevin Flynn, U.S. Dept. of Justice, Civ. Rights Div., Washington, DC, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellant.

Nancy M. Simonson (argued), Canales & Simonson, Corpus Christi, TX, for Defendant-Appellee.

Before GARWOOD, HIGGINBOTHAM and SMITH, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Border Patrol Agent David Sipe was convicted after a jury trial of using excessive force and causing bodily injury in the arrest of Jose Guevara, a Mexican national attempting to enter the United States illegally. Sipe sought a new trial, complaining that the prosecution's misrepresentations and nondisclosures rendered the trial unfair. In particular, Sipe pointed to a false representation by the prosecution regarding the extent...

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