United States v. Kevin C. Reilly

On February 12, 1996, we filed an opinion in this case affirming the judgment entered in the United States District Court for the Northern District of New York (Howard G. Munson, Senior District Judge), which granted defendant Kevin C. Reilly’s motion to suppress evidence. 76 F.3d 1271, affirming 875 F.Supp. 108 (N.D.N.Y.1994). The government sought a petition for rehearing, which was denied. Subsequent to the denial of that petition, the United States Supreme Court decided Ornelas v. United States, — U.S.-, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996). Believing that this decision justified a…