United States v. Dennis P. Dimick

' PAUL KELLY, Jr., Circuit Judge.

The government appeals the district court’s order granting Defendant’s motion to suppress. 790 F.Supp. 1543. Our jurisdiction arises under 18 U.S.C. § 3731 and we affirm.

Background

Mr. Dimick was a passenger aboard an Amtrak train which arrived in Denver from Los Angeles. Drug Enforcement Administration (DEA) agents boarded the train and asked an Amtrak conductor whether he had noticed any suspicious behavior. The conductor reported that Defendant had remained in his compartment the entire trip, had ordered all meals delivered to his compartment, and had tipped…