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UNITED STATES v. DAVILA

No. 82-1395.

704 F.2d 749 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. David M. DAVILA and Robert M. Jacques, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 23, 1983.

Attorney(s) appearing for the Case

John B. Luscombe, Jr., El Paso, Tex., for Davila.

John A. Langford, El Paso, Tex., for Jacques.

William R. Yeomans, Wm. Bradford Reynolds, Attys., Dept. of Justice, Appellate Sect., Civil Rights Div., Washington, D.C., for plaintiff-appellee.

Before POLITZ and JOLLY, Circuit Judges, and HUNTER, District Judge.

EDWIN F. HUNTER, District Judge:

Defendants were officers of the United States Border Patrol. On January 5, 1982, they were charged by indictment under Count I of conspiring to deprive Alicia Palmer (nee Ortiz) and Norma Munoz-Pro (illegal aliens) of their liberty by coercing sexual favors from them;1 Count II charged Davila of sexually abusing Alicia Palmer; and Count III charged Jacques of sexually abusing Norma Munoz-Pro.

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