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U.S. v. LIN LYN TRADING, LTD.

No. 96-4126.

149 F.3d 1112 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. LIN LYN TRADING, LTD., and Raymond Lynn Thomas, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 6, 1998.

Attorney(s) appearing for the Case

Deborah Watson, Department of Justice (Scott M. Matheson, Jr., United States Attorney for the District of Utah, and Wayne T. Dance, Assistant United States Attorney, with her on the briefs), for Plaintiff-Appellant.

Max D. Wheeler, Snow, Christensen & Martineau, Salt Lake City, Utah (James D. Gilson, Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, with him on the briefs), for Defendants-Appellees.

Before BALDOCK, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and EBEL, Circuit Judge.

EBEL, Circuit Judge.

As a result of the government's seizure of a notepad containing confidential attorney-client communications, defendants-appellees Raymond Lynn Thomas and Lin Lyn Trading, Ltd., successfully moved for the suppression of evidence and the dismissal of the indictment against them. The United States appeals. Because we agree that the district court did not err in suppressing the evidence, but conclude the district court abused its discretion in dismissing...

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