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U.S. v. RAMOS

No. 06-51489.

537 F.3d 439 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Ignacio RAMOS; Jose Alonso Compean, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 28, 2008.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Mark Randolph Stelmach (argued), Asst. U.S. Attys., San Antonio, TX, for U.S.

David L. Botsford (argued), Law Office of David L. Botsford, Austin, TX, Mary Stillinger, El Paso, TX, for Ramos.

J. Mark Brewer, Brewer & Pritchard, Houston, TX, Richard Abbott Samp, Daniel J. Popeo, Paul D. Kamenar, Washington, Legal Found., Washington, DC, for Amici Curiae.

Before JOLLY, HIGGINBOTHAM and PRADO, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The two Border Patrol agents, appellants Ignacio Ramos and Jose Compean, were engaged in routine law enforcement along the United States-Mexico border near Fabens, Texas, when they became involved in chasing an alien drug smuggler driving a van as he speeded toward the Mexican border. After the drug smuggler abandoned the van and began to run on foot toward the Mexican border, the agents gave chase, fired their weapons at him several...

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