United States Tenth Circuit

In a prosecution for illegal reentry into the U.S. following removal, denial of defendant's motion to suppress is vacated and remanded where the court of appeals could not determine based on the record whether the evidence of defendant's identity needed to be suppressed in light of the police's Fourth Amendment violation in searching defendant's vehicle.

Appellate Information

• Decided 12/07/2009
• Published 12/07/2009

Judges

• LUCERO, Circuit Judge., Before LUCERO, MURPHY, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Stephen P. McCue, Federal Public Defender, Albuquerque, NM, for Defendant-Appellant., Terri J. Abernathy, Assistant United States Attorney (Gregory J. Fouratt, United States Attorney, with her on the briefs), Office of the United States Attorney for the District of New Mexico, Las Cruces, NM, for Plaintiff-Appellee.