U.S. v. LITTLE

No. 92-2155.

18 F.3d 1499 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Bonnie Kaye LITTLE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 22, 1994.


Attorney(s) appearing for the Case

David N. Williams, Asst. U.S. Atty. (Don J. Svet, U.S. Atty., and Larry Gomez, U.S. Atty. (succeeding Don J. Svet), with him on the briefs), Albuquerque, NM, for appellant.

David Z. Chesnoff, Goodman & Chesnoff, Las Vegas, NV (Kimberly Homan, Sheketoff & Homan, Boston, MA, with him on the briefs), for appellee.

Before SEYMOUR, Chief Judge, McKAY, LOGAN, MOORE, ANDERSON, TACHA, BALDOCK, BRORBY, EBEL, and KELLY, Circuit Judges.


STEPHEN H. ANDERSON, Circuit Judge.

The government appeals from an order of the district court granting defendant/appellee Bonnie Kaye Little's motion to suppress evidence seized pursuant to a search of her luggage on board a train in Albuquerque, New Mexico. After oral argument to a panel, but prior to a decision, we ordered this case reheard in banc. Upon review of the briefs and arguments of the parties, we hold that the district court employed the wrong legal...

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