United States v. Paul Charleston Gregory

H. DALE COOK, Senior District Judge.

I

The defendant, Paul Charleston Gregory, brings this appeal seeking review of the district court’s order denying the defendant’s motion to suppress evidence seized during a traffic stop. Our review concerns whether the stop and search of the defendant and his vehicle was illegal in view of our recent decision in United States v. Botero-Ospina, 71 F.3d 783 (10th Cir.1995) (en banc). We have jurisdiction pursuant to 28 U.S.C. § 1294(1), and reverse.

On July 21, 1993, at approximately 6:00 p.m., Officer Phil Barney of the Sevier County Sheriffs Office was…