Opinion
No. 93-2059.
April 13, 1994.
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.
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 court is REVERSED, and the matter is REMANDED for further proceedings.
See United States v. Miller, 811 F. Supp. 1485 (D.N.M. 1993).