U.S. v. ELLIOTT

No. 96-8061.

107 F.3d 810 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Asta M. ELLIOTT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 24, 1997.


Attorney(s) appearing for the Case

William M. Hatchett, Pontiac, MI, for defendant-appellant.

John R. Green, Assistant United States Attorney, Cheyenne, WY (David D. Freudenthal, United States Attorney for the District of Wyoming, with him on the brief), for plaintiff-appellee.

Before ANDERSON, McWILLIAMS and BRISCOE, Circuit Judges.


BRISCOE, Circuit Judge.

Defendant Asta M. Elliott, convicted and sentenced for possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C), appeals the denial of her motion to suppress evidence. We reverse and remand.

I.

On the morning of December 14, 1995, Wyoming Highway Patrolman Dan Dyer was sitting in his patrol car in the median of Interstate 80 near...

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