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U.S. v. BRUGMAN

No. 03-50294.

364 F.3d 613 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Gary M. BRUGMAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 26, 2004.

Attorney(s) appearing for the Case

Tovah R. Calderon (argued), Jessica Dunsay Silver, U.S. Dept. of Justice, Civ. Rights Div., Washington, DC, Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, for Plaintiff-Appellee.

Ronald H. Tonkin (argued), Houston, TX, for Defendant-Appellant.

Before REAVLEY, DAVIS and DeMOSS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Border patrol agent Gary M. Brugman challenges his conviction and sentence for a violation of 18 U.S.C. § 242 — depriving another of his constitutional rights while acting under color of law. Brugman's primary objection relates to the sufficiency of the government's evidence to establish that he used unreasonable force in effecting an arrest and whether his conduct resulted in constitutional injury to the victim. For reasons...

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