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U.S. v. IRIBE

No. 92-1388.

11 F.3d 1553 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Nicanor Almeida IRIBE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 15, 1993.

Attorney(s) appearing for the Case

John M. Hutchins (James R. Allison, Interim U.S. Atty.; Kathleen M. Tafoya, and Guy Till, Asst. U.S. Attys., District of Colorado, with him on the briefs), Asst. U.S. Atty., District of Colorado, for the plaintiff-appellant.

Albert Cohen, Denver, CO, for defendant-appellee.

Before TACHA and EBEL, Circuit Judges, and COOK, District Judge.

TACHA, Circuit Judge.

The government appeals from a district court order granting the defendant's motion to suppress evidence seized pursuant to a search of his house and garage. 806 F.Supp. 917. We exercise jurisdiction under 18 U.S.C. § 3731 and affirm in part and reverse in part.

I. Background

In May 1991, a federal warrant was issued for the arrest of the defendant, Nicanor Almeida Iribe. On June 4,...

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