U.S. v. VALLE CRUZ

No. 05-3258.

452 F.3d 698 (2006)

UNITED STATES of America, Appellant, v. Rigoberto VALLE CRUZ, also known as Abraham Orona Saez; Angelina A. Alford, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 3, 2006.


Attorney(s) appearing for the Case

John E. Higgins, argued, Asst. U.S. Attorney, Omaha, NE, for appellant.

Michael J. Tasset, Oakland, NE, for appellant Alford.

Jeffrey L. Thomas, Federal Public Defender, Omaha, NE, for appellee Valle Cruz.

Before LOKEN, Chief Judge, BOWMAN and SMITH, Circuit Judges.


BOWMAN, Circuit Judge.

The United States appeals from the order of the District Court granting the suppression motions filed by Rigoberto Valle Cruz and Angelina Alford. See 18 U.S.C. § 3731 (2000) (allowing the government to appeal a suppression order before final judgment under certain conditions where the evidence in question "is a substantial proof of a fact material in the proceeding"). We reverse and remand the case for further proceedings.

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