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U.S. v. SOLA

No. 93-2061.

36 F.3d 1013 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Peter SOLA, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 5, 1994.

Attorney(s) appearing for the Case

David N. Williams, Asst. U.S. Atty. (Larry Gomez, Acting U.S. Atty. and James D. Tierney, Asst. U.S. Atty., on the brief), Albuquerque, NM, for plaintiff-appellant.

Nancy Hollander, Freedman, Boyd, Daniels, Peifer, Hollander, Guttmann & Goldberg, P.A., Albuquerque, NM, for defendant-appellee.

Before KELLY, SETH and McWILLIAMS, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

The government appeals from the district court's granting of Peter Sola's motion to suppress evidence obtained incident to a search of his luggage. We have jurisdiction under 18 U.S.C. § 3731 and we reverse for further proceedings.

We refer all to United States v. Miller, 811 F.Supp. 1485 (D.N.M.1993), for the facts relevant to this appeal. We have concluded that this appeal...

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