UNITED STATES v. MONTGOMERY

No. 76-3219.

558 F.2d 311 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Paul L. MONTGOMERY, a/k/a Kenneth Selvestor Watson, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 29, 1977.


Attorney(s) appearing for the Case

Harry Lee Hudspeth, El Paso, Tex., for defendant-appellant.

John E. Clark, U. S. Atty., San Antonio, Tex., Frank B. Walker, Asst. U. S. Atty., El Paso, Tex., for plaintiff-appellee.

Before TUTTLE, GOLDBERG, and CLARK, Circuit Judges.


ON PETITION FOR REHEARING

(Opinion June 24, 1977, 5 Cir., 1977, 554 F.2d 754).

PER CURIAM:

On petition for rehearing, Montgomery attacks the search that uncovered heroin in his luggage. Established Fifth Circuit precedent supports the legality of this search. In United States v. Soriano, 497 F.2d 147 (5th Cir. 1974) (en banc), the search of luggage removed from a taxicab...

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