21 F.3d 1023


21 F.3d 1023

UNITED STATES of America, Plaintiff-Appellant,
v.
Carno Ian PAYNE, Defendant-Appellee.

No. 93-2056.

United States Court of Appeals,
Tenth Circuit.

April 13, 1994.

Appeal from the United States District Court for the District of New Mexico, D.C. No. CR-92-292-JP; James A. Parker, J.

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.

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 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 court1 is REVERSED and REMANDED for further proceedings.

1

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