PATRICK E. HIGGINBOTHAM, Circuit Judge: Border Patrol Agent David Sipe was convicted after a jury trial of using excessive force and causing bodily injury in the arrest of Jose Guevara, a Mexican national attempting to enter the United States illegally. Sipe sought a new trial, complaining that the prosecution’s misrepresentations and nondisclosures rendered the trial unfair. In particular, Sipe pointed to a false representa…
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