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

United States v. Miller

United States v. Miller
U.S. Court of Appeals for the Tenth Circuit · Decided April 13, 1994 · Kelly, McWilliams, Moore
21 F.3d 1025; 1994 U.S. App. LEXIS 7226; 1994 WL 123669 (Federal Reporter, Third Series)

Counsel

Larry Gomez, U.S. Atty., and Thomas L. English, Asst. U.S. Atty., Albuquerque, NM, on the brief for plaintiff-appellant., Stephen P. McCue, Supervisory Asst., Federal Public Defender, Albuquerque, NM, on the brief for defendant-appellee.

United States v. Miller

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Opinion of the Court

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 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.

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

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