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U.S. v. BOWLEY

No. 05-3460.

435 F.3d 426 (2006)

UNITED STATES OF AMERICA, Appellant v. Gary BOWLEY.

United States Court of Appeals, Third Circuit.

Filed January 26, 2006.

Attorney(s) appearing for the Case

Anthony J. Jenkins, United States Attorney, District of the Virgin Islands, Kim L. Chisholm, Assistant United States Attorney, District of the Virgin Islands, Richard A. Friedman, (Argued), Appellate Section, Criminal Division, United States Department of Justice, Washington, D.C., for Appellant.

Thurston T. McKelvin, Federal Public Defender, Patricia Schrader-Cooke, (Argued), Assistant Federal Public Defender, Charlotte Amalie, St. Thomas, Virgin Islands, for Appellee.

Before: SCIRICA, Chief Judge, McKEE and and NYGAARD, Circuit Judges.

McKEE, Circuit Judge.

We are asked to determine if the district court erred in suppressing certain evidence the government sought to introduce in this prosecution of an illegal alien for illegally reentering the United States. The evidence the district court suppressed pertained to the alien's identity. For the reasons that follow, we will reverse and remand to the district court for further proceedings.

I. FACTS AND PROCEDURAL HISTORY

In early August...

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