United States v. Richard Johnson

ON PETITION FOR REHEARING

(Opinion Dec. 17, 1987, 5th Cir.1987, 834 F.2d 1191)

Treating the government’s motion for rehearing en banc as a petition for panel rehearing, the motion is granted. We withdraw our previous opinion, United States v. Johnson, 834 F.2d 1191 (5th Cir.1987), and substitute the following:

Richard Johnson appeals his conviction for embezzlement of mail. He contends that the search of his zipper-like briefcase, which produced the incriminating evidence, was in violation of the Fourth Amendment. Finding that the uncontroverted evidence shows that the search was permissible as…