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U.S. v. SERRATA

Nos. 03-2011, 03-2012, 03-2019, 03-2036.

425 F.3d 886 (2005)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Matias SERRATA, Jr., William Fuller; Kendall Lipscomb, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

October 6, 2005.

Attorney(s) appearing for the Case

Mario Esparza, Las Cruces, New Mexico for Appellant/Cross-Appellee Serrata.

Roy R. Barrera, Sr. (Sharon S. Brown, with him on the briefs), Nicholas and Barrera, P.C., San Antonio, Texas for Appellant/Cross-Appellee Fuller.

James F. Maus, El Paso, Texas for Appellant/Cross-Appellee Lipscomb.

Bradley J. Schlozman, Deputy Assistant Attorney General (David Iglesias, United States Attorney, R. Alexander Acosta, Assistant Attorney General, Mark L. Gross, Attorney, Clay G. Guthridge, Attorney, and Lisa J. Stark, Attorney, with him on the briefs), Department of Justice, Washington, D.C., for Appellee/Cross-Appellant United States of America.

Before EBEL, HENRY, and HARTZ, Circuit Judges.

HENRY, Circuit Judge.

These cases concern the related appeals of three former correctional officers, William Fuller, Mathias Serrata, and Kendall Lipscomb, charged with criminal offenses arising out the assault of an inmate at the Lea County Correctional Facility in Hobbs, New Mexico. We exercise jurisdiction pursuant to 28 U.S.C. § 1291. We affirm each of the convictions but vacate the downward departures with respect to each defendant. We also hold that the...

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