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U.S. v. LEMOS

No. 93-2196.

35 F.3d 513 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Allen John LEMOS, Jr., a/k/a J. Lance, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 13, 1994.

Attorney(s) appearing for the Case

Kathleen A. Felton, U.S. Dept. of Justice, Appellate Section, Crim. Div., Washington, DC (Larry Gomez, Acting U.S. Atty., and Tara C. Neda, Asst. U.S. Atty., Albuquerque, NM, with her on the brief), for plaintiff-appellant.

M. Alan Ceballos, Ceballos, Shorstein, Kelly and Daze, Jacksonville, FL (Richard J. Knowles, Albuquerque, NM, with him on the brief), 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 Mr. Lemos' 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 have concluded that this appeal should be remanded in light of United States v. Little, 18 F.3d 1499

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