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U.S. v. CHAVIRA

No. 08-51308.

614 F.3d 127 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Elizabeth CHAVIRA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 4, 2010.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Margaret Mary Embry (argued), Asst. U.S. Attys., San Antonio, TX, for U.S.

Henry Joseph Bemporad, Fed. Pub. Def., San Antonio, TX, Selena N. Solis, Asst. Fed. Pub. Def. (argued), El Paso, TX, for Defendant-Appellant.

Before GARWOOD, STEWART and CLEMENT, Circuit Judges.

GARWOOD, Circuit Judge:

On March 26, 2008, Elizabeth Chavira, a United States citizen, attempted to enter the United States from Mexico at the Paso del Norte Port of Entry in El Paso, Texas. A minor teenage girl, P.L.D., accompanied Chavira. Customs officers took them to a passport control secondary processing area and questioned Chavira for thirty to forty minutes while she was hand-cuffed to a chair. Chavira appeals her conviction under 18 U.S.C. § 1001(a)...

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