U.S. v. MILLER, 21 F.3d 1025 (10th Cir. 1994)

UNITED STATES OF AMERICA, PLAINTIFF-APPELLANT, v. MARTIN KELLY MILLER, DEFENDANT-APPELLEE.

No. 93-2059.United States Court of Appeals, Tenth Circuit.
April 13, 1994.

Page 1026

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.

Appeal from the United States District Court for the District of New Mexico.

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

JOHN P. MOORE, Circuit Judge.

[1] 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.

[2] 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 court[1] is REVERSED, and the matter is REMANDED for further proceedings.