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U.S. v. COOK

No. 88-1124.

854 F.2d 371 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. Robert Douglas COOK, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 16, 1988.

Attorney(s) appearing for the Case

Kathryn Meyer, Asst. U.S. Atty. (and Michael J. Norton, U.S. Atty., with her on the brief), Denver, Colo., for plaintiff-appellant.

Scott H. Robinson, of Gerash, Robinson & Miranda, P.C., Denver, Colo., for defendant-appellee.

Before McKAY and BRORBY, Circuit Judges, and PARKER, District Judge.

BRORBY, Circuit Judge.

This case comes before the court on an interlocutory appeal pursuant to 18 U.S.C. § 3731 and Fed.R.App.P. 4(b). The United States District Court for the District of Colorado suppressed a quantity of cocaine, physical evidence of a violation of 21 U.S.C. § 841(a)(1). The Government appeals.

The Government presents two issues: (1) did the district court err in finding that the affidavit in support of the search warrant failed...

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