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U.S. v. LOPEZ

No. 07-3159.

518 F.3d 790 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Carlos LOPEZ, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 4, 2008.

Attorney(s) appearing for the Case

Richard A. Friedman, Appellate Section, Criminal Division, Department of Justice, Washington, D.C. (Eric F. Melgren, United States Attorney; James A. Brown, Assistant United States Attorney; and David P. Zabel, Special Assistant United States Attorney, District of Kansas, with him on the briefs) for Plaintiff-Appellant.

Michael L. Harris, Assistant Federal Public Defender (David J. Phillips, Federal Public Defender, with him on the brief), District of Kansas, for Defendant-Appellee.

Before TACHA, ANDERSON, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

The government seeks to appeal the district court's ruling suppressing drugs found in the back of Carlos Lopez's truck, but failed to file in a timely manner the certification required by 18 U.S.C. § 3731 — that is, a document representing that its appeal is not taken for delay and the suppressed evidence is substantial proof of a fact material to the prosecution. Our precedent indicates, however, that this failure is not jurisdictional...

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