U.S. v. LYONS

No. 93-4079.

7 F.3d 973 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Michael LYONS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 2, 1993.


Attorney(s) appearing for the Case

Ronald J. Yengich of Yengich, Rich & Xaiz, Salt Lake City, UT, for defendant-appellant.

Kevin L. Sundwall, Sp. Asst. U.S. Atty. (Richard D. Parry, U.S. Atty., and David J. Schwendiman, Asst. U.S. Atty., with him on the briefs), Salt Lake City, UT, for plaintiff-appellee.

Before LOGAN, SEYMOUR, and MOORE, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

Michael Lyons entered a conditional plea of guilty to a charge of possession of marijuana with intent to distribute. He appeals on issues related to the seizure of the substance which led to the conviction. The only matter we consider is whether the finding of the magistrate judge, subsequently adopted by the district court, that the stop of defendant's truck was not pretextual is erroneous. Concluding that it is, we reverse and remand...

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