No. 05-30177.

474 F.3d 1184 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey Brian ZIEGLER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 30, 2007.

Attorney(s) appearing for the Case

David F. Ness, Assistant Federal Defender, Great Falls, MT, argued the cause for the defendant-appellant. Anthony R. Gallagher, Federal Defender, District of Montana, was on the briefs.

Marcia Hurd, Assistant United States Attorney, Billings, MT, argued the cause for the plaintiff-appellee. William W. Mercer, United States Attorney, District of Montana, was on the brief.

Before: O'SCANNLAIN, SILVERMAN, and GOULD, Circuit Judges.


The petition for panel rehearing is GRANTED. The opinion filed on August 8, 2006, is withdrawn. The superseding opinion will be filed concurrently with this order. Further petitions for rehearing or rehearing en banc may be filed.


O'SCANNLAIN, Circuit Judge:

We must determine whether an employee has an expectation of privacy in his workplace computer sufficient to suppress images of child pornography sought to be admitted...

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