United States v. Payne

Tenth Circuit Court of Appeals

Decided April 13, 1994.

Tenth Circuit Court of Appeals · decided 1994-04-13

Cited by 1 later decisions — most recently April 1994

1 federal appellate ·

2 counsel of record

Relies on United States v. Little · 811 F. Supp. 1485 - United States v. Miller

Good law ✅— No negative treatment on recordhow we know

Opinion by JOHN P. MOORE · Decided 1994-04-13

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¶1 *1024Larry Gomez, U.S. Atty., and Presiliano A. Torrez, Asst. U.S. Atty., Albuquerque, NM; and Kathleen A. Felton, Dept, of Justice, Washington, DC, on the briefs for plaintiff-appellant.

¶2Alan F. Zvolanek, Albuquerque, NM, on the briefs for defendant-appellee.

¶3Before MOORE, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and KELLY, Circuit Judge.

¶4JOHN P. MOORE, Circuit Judge.

¶5After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The cause is therefore ordered submitted without oral argument.

¶6We conclude this appeal is governed by United States v. Little, 18 F.3d 1499, 1504-05 (10th Cir.1994) (en banc). The judgment of the district court1 is REVERSED and REMANDED for further proceedings.