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U.S. v. COOK

No. 08-2297.

599 F.3d 1208 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Glenn Dell COOK, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 5, 2010.

Attorney(s) appearing for the Case

Richard C. Williams, (Gregory J. Fouratt, United States Attorney, with him on the briefs), Assistant United States Attorney, Las Cruces, NM, for Plaintiff-Appellant.

Peter Schoenburg, (Marc M. Lowry with him on the brief), of Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Bienvenu, LLP, Albuquerque, NM, for Defendant-Appellee.

Before BRISCOE, McWILLIAMS, and MURPHY, Circuit Judges.

BRISCOE, Circuit Judge.

In this interlocutory appeal, the United States challenges the district court's suppression of statements Defendant Glenn Dell Cook made to a jail-house informant. Also before this court is Cook's motion to dismiss the United States' appeal as untimely filed.

We have jurisdiction over the matter pursuant to 18 U.S.C. § 3731 ("An appeal by the United States shall lie to a court of appeals from a decision or order of a district court...

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