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U.S. v. DE LA CRUZ

No. 11-5114.

703 F.3d 1193 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Enrique Rivera DE LA CRUZ, also known as Enrique Rivera-De La Cruz, also known as Enrique Rivera, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 9, 2013.

Attorney(s) appearing for the Case

William D. Lunn , Tulsa, OK, for Defendant-Appellant De La Cruz.

Ryan L. Souders , Assistant United States Attorney ( Thomas Scott Woodward , United States Attorney, Matthew P. Cyran , Assistant United States Attorney, on the brief, and Danny C. Williams, Sr. , United States Attorney, on the supplemental brief), Tulsa, OK, for Plaintiff-Appellee United States of America.

Before BRISCOE, Chief Judge, SEYMOUR, and EBEL, Circuit Judges.

EBEL, Circuit Judge.

In this direct criminal appeal, Defendant-Appellant Enrique De La Cruz challenges the district court's decision to deny his motion to suppress evidence the United States obtained during an investigative seizure. Having jurisdiction under 28 U.S.C. § 1291, we REVERSE the denial of De La Cruz's suppression motion.

I. BACKGROUND

The evidence presented at the suppression hearing, viewed in the light most favorable to the Government...

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