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United States v. Sanchez-Jaramillo

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT


May 19, 1980

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
LINDOINE SANCHEZ-JARAMILLO AND ENRIQUE CRUZ-ALMADA, DEFENDANTS-APPELLANTS.

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 77 CR 1032-2, 77 CR 1032-3 Bernard M. Decker, Judge.

Before LATHAM CASTLE, Senior Circuit Judge WILBUR F. PELL, JR., Circuit Judge*fn*

Order

On consideration of the petition for rehearing filed in the above-entitled cause by Lindoine Sanchez-Jaramillo, Defendant-appellant,

IT IS ORDERED that footnote 5 of the slip opinion be amended to read as follows:

Footnote 5: The agents' search of the apartment also revealed a third suitcase (the "blue suitcase"). Agents opened the blue suitcase without asking permission from anyone; the contents of the suitcase belonged to Cruz, while the suitcase itself belonged to Sanchez. The district court did suppress the incriminating evidence found in the blue suitcase as to Cruz, but not as to Sanchez. Our analysis of Sanchez 'arguments is the same for all three suitcases.

IT IS FURTHER ORDERED that the final sentence of the second paragraph of Part IV of the slip opinion is amended to read as follows:

Moreover, Sanchez had no Fourth Amendment interest in Cruz' property.

IT IS FURTHER ORDERED that Sanchez' petition for rehearing is hereby DENIED.


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