United States v. Dortch

            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.

                                 _________________________

                          Appeal from the United States District Court
                               for the Eastern District of Texas
                               _________________________
                                      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.