UNITED STATES v. MARTINEZ

No. 82-1353.

681 F.2d 1248 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. Franke Eugenio MARTINEZ, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 4, 1982.


Attorney(s) appearing for the Case

Barry R. Elden, Asst. U. S. Atty., Chicago, Ill., Specially appointed to the Dist. of Colo. (Robert N. Miller, U. S. Atty., Denver, Colo., Walter Jones, Jr., Asst. U. S. Atty., Chicago, Ill., Specially appointed to the Dist. of Colo., Robert T. McAllister, Asst. U. S. Atty., Denver, Colo., with him on the brief), for plaintiff-appellant.

Kenneth A. Padilla, Denver, Colo. (Walter L. Gerash, Denver, Colo., with him on the brief), for defendant-appellee.

Before McWILLIAMS, DOYLE and LOGAN, Circuit Judges.


PER CURIAM.

This cause is before us on the appeal of the government from a ruling of the district court on questions of admissibility of evidence. The appeal is prosecuted pursuant to 18 U.S.C. § 3731. The evidence in question, which was excluded, alleged similar offenses by the defendant together with evidence of flight soon after the alleged commission of the offense.

The case has to do with the sending of explosives through the mail contrary to 18...

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