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U.S. v. EYLICIO-MONTOYA

No. 94-2181.

70 F.3d 1158 (1995)

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

United States Court of Appeals, Tenth Circuit.

November 22, 1995.

Attorney(s) appearing for the Case

Joseph Douglas Wilson, Department of Justice, Washington, D.C. (John J. Kelly, United States Attorney, and David N. Williams, Assistant United States Attorney, District of New Mexico, with him on the briefs), for Plaintiff-Appellant.

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

Before HENRY and McKAY, Circuit Judges, and SHADUR, Senior District Judge.

HENRY, Circuit Judge.

The government appeals the district court's interlocutory order suppressing evidence obtained during a search of a vehicle in which the defendant-appellee Tomasita Eylicio-Montoya was a passenger. We exercise jurisdiction under 18 U.S.C. § 3731. Following the analysis of our prior panel opinion, see United States v. Eylicio-Montoya, 18 F.3d 845 (10th Cir...

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