United States v. Mario Antonio Torres-Flores, A/K/A Leopoldo Hernandez-Segovia

GARZA, Circuit Judge:

Mario Antonio Torres-Flores was accused of assaulting an agent of the United States Border Patrol in violation of 18 U.S.C. § 111. The identity of the person who fired a weapon at the agent was the only issue in dispute. The Government presented a single witness for identification, and a series of potentially suggestive photographs as evidence. After trial by jury, the defendant was found guilty, and the court imposed a maximum sentence of ten years imprisonment as provided in the statute.

The defendant challenges the district court’s ruling to admit evidence that the…