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U.S. v. McKNEELY

No. 93-4019.

6 F.3d 1447 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Dracy Lamont McKNEELY, Andrew Ellis, and Alandis Bennett, also known as Torjano Akines, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 8, 1993.

Attorney(s) appearing for the Case

Bruce C. Lubeck, Asst. U.S. Atty. (David J. Jordan, U.S. Atty., with him on the briefs), Salt Lake City, UT, for plaintiff-appellant.

Ronald J. Yengich of Yengich, Rich & Xaiz, Salt Lake City, UT, for defendants-appellees Dracy Lamont McKneely and Andrew Ellis.

Deirdre A. Gorman, Ogden, UT, for defendant-appellee Alandis Bennett, aka Torjano Akines.

MOORE, ANDERSON, and BALDOCK, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

The government appeals a district court order granting defendants' motions to suppress evidence seized following a traffic stop, challenging the district court's findings that: (a) defendant Bennett, the back seat passenger in defendant McKneely's rented station wagon, had standing to contest the seizure of the evidence; (b) defendants' detention was unlawful; (c) defendants did not consent to the search of their vehicle; and (d) the...

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