United States v. Miller

Tenth Circuit Court of Appeals

Decided April 13, 1994.

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

2 counsel of record

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

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

¶1 *1026Larry Gomez, U.S. Atty., and Thomas L. English, Asst. U.S. Atty., Albuquerque, NM, on the brief for plaintiff-appellant.

¶2Stephen P. McCue, Supervisory Asst., Federal Public Defender, Albuquerque, NM, on the brief 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 have concluded 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 the matter is REMANDED for further proceedings.