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U.S. v. McCURDY

No. 94-2044.

40 F.3d 1111 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Maurice McCURDY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 21, 1994.

Attorney(s) appearing for the Case

Louis M. Fischer (John J. Kelly, U.S. Atty., and Presiliano A. Torrez, Asst. U.S. Atty., D. of N.M. with him on the briefs), Dept. of Justice, Washington, DC, for plaintiff-appellant.

Judith A. Rosentstein, Asst. Federal Public Defender, Albuquerque, NM, for defendant-appellee.

Before MOORE and BARRETT, Circuit Judges, and ROGERS, District Court Judge.

BARRETT, Senior Circuit Judge.

The United States (government) appeals from the orders of the district court granting Maurice McCurdy's (McCurdy) motion to suppress certain statements and physical evidence and denying its motion for reconsideration.

Facts

On October 1, 1993, officers of the United States Forest Service received information from a hunter that he had found a marijuana plantation in a remote area of the Santa Fe National Forest...

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