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FILE - In this Friday, Oct. 9, 2015 file photo, supporters from a number of humanitarian groups gather at a vigil for border shooting victim José Antonio Elena Rodríguez in front of the federal courthouse in Tucson, Ariz., preceding the arraignment of Border Patrol Agent Lonnie Swartz in the October 2012 shooting. According to documents filed on Thursday, Jan. 25, 2018, federal prosecutors said Swartz’s past arrest for military desertion, which he never disclosed when applying for work, is relevant to his murder trial. (Ron Medvescek/Arizona Daily Star via AP)

FILE - In this Friday, Oct. 9, 2015 file photo, supporters from a number of humanitarian groups gather at a vigil for border shooting victim José Antonio Elena Rodríguez in front of the federal courthouse in Tucson, Ariz., preceding the arraignment of Border Patrol Agent Lonnie Swartz in the October 2012 shooting. According to documents filed on Thursday, Jan. 25, 2018, federal prosecutors said Swartz’s past arrest for military desertion, which he never disclosed when applying for work, is relevant to his murder trial. (Ron Medvescek/Arizona Daily Star via AP)

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