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U.S. v. MITCHELL

No. 05-2052.

464 F.3d 1149 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Roland Lorenzo MITCHELL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 22, 2006.

Attorney(s) appearing for the Case

Marc H. Robert, Assistant Federal Public Defender, Las Cruces, NM for the Defendant-Appellant.

Terri J. Abernathy, Assistant U.S. Attorney (David C. Iglesias, United States Attorney with her on the brief), Las Cruces, NM for the Plaintiff-Appellee.

Before LUCERO, Circuit Judge, EBEL, Senior Circuit Judge, and MURPHY, Circuit Judge.

LUCERO, Circuit Judge.

Roland Lorenzo Mitchell seeks to appeal the district court's denial of his motion to suppress evidence discovered by officers of the New Mexico Department of Public Safety during a warrantless search of the tractor-trailer he was driving at a border checkpoint. Recognizing that his notice of appeal was untimely, Mitchell filed a motion for an extension of time with the district court arguing that the delay was the result of excusable neglect...

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