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UNITED STATES v. ANDRUS

No. 06-3094.

499 F.3d 1162 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Ray ANDRUS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 24, 2007.

Attorney(s) appearing for the Case

Melissa Harrison, Assistant Federal Public Defender (David J. Phillips, Federal Public Defender, with her on the briefs), Kansas City, KS, for Defendant-Appellant.

Leon J. Patton, Assistant United States Attorney (Eric F. Melgren, United States Attorney, with him on the brief), Kansas City, KS, for Plaintiff-Appellee.

Before TACHA, Chief Judge, McKAY, Senior Circuit Judge, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, TYMKOVICH, GORSUCH, and HOLMES, Circuit Judges.

Prior report: 10th Cir., 483 F.3d 711.

ORDER

The appellant's petition for panel rehearing is denied. Judge McKay voted to grant rehearing.

In denying rehearing, however, the panel majority notes that its opinion is limited to the narrow question of the apparent authority of a homeowner to consent to a search of a computer on premises in the specific factual setting presented, including the undisputed fact that the...

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