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U.S. v. EYLICIO-MONTOYA

No. 93-2076.

18 F.3d 845 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Tomasita EYLICIO-MONTOYA, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 1, 1994.

Attorney(s) appearing for the Case

Joseph Douglas Wilson, Attorney, Department of Justice, Washington, D.C. (Don J. Svet, United States Attorney, and Tara C. Neda, Assistant United States Attorney, District of New Mexico, with him on the brief), for Plaintiff-Appellant.

Stephen P. McCue, Assistant Federal Public Defender, Albuquerque, New Mexico, for Defendant-Appellee.

Before EBEL and McKAY, Circuit Judges, and SAFFELS, Senior District Judge.

McKAY, Circuit Judge.

This is an interlocutory appeal by the United States from an order of the district court suppressing evidence in a criminal case. Interlocutory appeal is authorized under 18 U.S.C. § 3731. Ms. Montoya was charged with possession with intent to distribute less than fifty kilograms of marijuana in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(D). Ms. Montoya moved to suppress evidence of the marijuana found in the car in which...

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