IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-10302
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CARLOS RIVAS;
Defendant-Appellant.
Appeals from the United States District Court
for the Northern District of Texas
January 29, 1999
ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC
(Opinion 10/2/98, 5 Cir., 157 F.3d 364)
Before DUHÉ, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:
The petition for panel rehearing is DENIED. In denying rehearing the panel emphasizes that
we do not suggest that there are no circumstances under which force might be appropriate to
effectuate a border search. These are fact intensive inquiries.
The court having been polled at the request of one of its members and a majority of the judges
who are in regular active service not having voted in favor (Fed. R. App. P. 35, 5th Cir. R. 35) the
suggestion for rehearing en banc is DENIED.