Krupa
United States v. Krupa
Opinion
Opinion
CALLAHAN, J.
Benjamin B. Wagner, United States Attorney, and Brian W. Enos (argued), Assistant United States Attorney, Fresno, CA, for the United States.
Before: MARSHA S. BERZON and CONSUELO M. CALLAHAN, Circuit Judges, and CHARLES R. WOLLE, Senior District Judge. [*]
Opinion by Judge CALLAHAN; Dissent by Judge BERZON.
CALLAHAN, Circuit Judge:
The petition for rehearing is granted, the opinion and dissent filed on February 7, 2011 are withdrawn, and a new opinion and dissent are filed concurrent with this order.
The grant of the petition for rehearing and the filing of a new opinion and dissent moots the petition for rehearing en banc. The parties may file new petitions for rehearing from the new opinion and dissent pursuant to Federal Rule of Appellate Procedure 40.
Peter Krupa appeals from his conditional guilty plea to receiving material involving the sexual exploitation of minors in violation of 18 U.S.C. § 2252 (a)(2). Krupa challenges the district court's denial of his motion to suppress evidence seized from computers in his custody. On grounds that differ slightly from those proffered by the district court, we affirm the denial of the motion to suppress.