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U.S. v. ELKINS

Nos. 00-5662, 00-5771 and 00-5772.

300 F.3d 638 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. James ELKINS; Carol Elkins, Defendants-Appellees. United States of America, Plaintiff-Appellee, v. Carol Elkins; James Elkins, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 2, 2002.

Attorney(s) appearing for the Case

Thomas A. Colthurst (argued and briefed), Asst. U.S. Attorney, Memphis, TN, for Plaintiff-Appellant.

Michael J. Stengel (argued and briefed), Memphis, TN, A.C. Wharton, Jr. (argued and briefed), Wharton, Wharton & Associates, Memphis, TN, for Defendants-Appellees.

Before: SILER, CLAY, and GIBSON, Circuit Judges.

OPINION

JOHN R. GIBSON, Circuit Judge.

The United States appeals, pursuant to 18 U.S.C. § 3731 (2000), from an order of the district court suppressing evidence of a marijuana growing operation found in buildings controlled by James and Carol Elkins. The Elkinses, husband and wife, have entered conditional guilty pleas to several charges,1 and appeal from rulings in the same order holding certain evidence from their buildings...

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