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033485P.pdf   09/03/2004  USA  v.  Lamont Smith
   U.S. Court of Appeals Case No:  03-3485
   District of Nebraska   
Criminal case - criminal law. Based on her experience and the characteristics of the package, drug interdiction officer had reasonable suspicion that a package contained contraband when she seized it; Federal Express employee's actions in opening the package did not taint the discovery as the officer told the employee that the decision to open the package was her's alone to make, and the employee was not acting as a government agent for Fourth Amendment purposes as she was motivated by desire to make sure the company was not used as a courier service for illegal drugs; rebuttal evidence was admissible under Rule 404(b), and its admission was not prejudicial; district court did not abuse its discretion in concluding the government had demonstrated good cause for its failure to disclose the rebuttal witness earlier as the connection between the witness's prior proffer and defendant's connection with her was not clear until trial, and the government promptly notified defendant of the information and gave him access to the witness. Dissent by Judge Heaney on the issue of whether the Federal Express employee's actions tainted the discovery. [PUBLISHED] [Wollman, Author, with Heaney and Murphy, Circuit Judges]