United States v. Richard Glynn Byrd

528 F.2d 549, 1976 U.S. App. LEXIS 12692

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 25, 1976
• Docket: 73--1426
• Status: Published

Opinions

PER CURIAM:

The original panel decision reversed the conviction of appellant on the ground the search of his automobile was unconstitutional, 483 F.2d 1196. We granted the government’s petition for rehearing, abandoned our reliance upon Almeida-Sanchez,1 but on the basis of other authorities sustained the reversal, 494 F.2d 1284.

The government petitioned for rehearing en banc, and on October 8, 1975 that petition was denied, 520 F.2d 1101. The government has now filed another petition for rehearing and a supplemental petition for rehearing en banc, directed to the order of October 8, 1975.

Assuming in the peculiar circumstance of this case, that the government has a right to file the petition for rehearing now before us, it is denied, and no member of this panel nor Judge in regular active service on the court having requested that the court be polled on rehearing en banc, (Rule 35, Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the petition for rehearing en banc is denied.

1 . Almeida-Sanchez v. United States, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973).

1 . 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973).