IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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m 98-41129
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
CECIL ANTHONY DORTCH,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
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February 14, 2000
ON PETITION FOR REHEARING
(Opinion December 23, 1999, 5th Cir. 1999, 199 F.3d 193, 203)
Before GARWOOD, SMITH, and
BENAVIDES, Circuit Judges.
PER CURIAM:
The petition for rehearing is DENIED. In
response to the petition for rehearing,
however, the court acknowledges that the
evidence found at the residence is not
necessarily to be excluded, given that there
were independent sources of information that
formed the basis of the search warrant for the
house. Accordingly, the sentence indicating to
the contrary is hereby deleted. See United
States v. Dortch, 199 F.3d 193, 203 (5th Cir.
1999).
Judge Garwood dissents from denial of
rehearing.