United States v. Allen John Lemos, Jr., A/K/A J. Lance

PAUL KELLY, Jr., Circuit Judge.

The government appeals from the district court’s granting of Mr. Lemos’ motion to suppress evidence obtained incident to a search of his luggage. We have jurisdiction under 18 U.S.C. § 3731 and we reverse for further proceedings.

We have concluded that this appeal should be remanded in light of United States v. *514Little, 18 F.3d 1499 (10th Cir.1994) (en banc), insofar as the factors evaluated by the district court do not constitute a nonconsensual encounter as a matter of law. See id. at 1504-05. We do note our agreement with the district court’s conclusion that…