U.S. Court of Appeals for the Tenth Circuit, 1994

United States v. Carno Ian Payne

United States v. Carno Ian Payne
U.S. Court of Appeals for the Tenth Circuit · Decided April 13, 1994 · Moore, McWilliams, Kelly
21 F.3d 1023; 1994 U.S. App. LEXIS 7224; 1994 WL 123656 (Federal Reporter, Third Series)

Counsel

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

United States v. Carno Ian Payne

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Opinion

JOHN P. MOORE, Circuit Judge.

After 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.

We 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 court 1 is REVERSED and REMANDED for further proceedings.

1

. See United States v. Miller, 811 F.Supp. 1485 (D.N.M. 1993).

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