United States v. John G. Ogles

FILED

FOR PUBLICATION NOV 16 2005

UNITED STATES COURT OF APPEALS CATHY A. CATTERSON, CLERK

FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 03-10439

Plaintiff - Appellant, D.C. No. CR-02-01805-CKJ

V.

JOHN GILBERT OGLES,

Defendant - Appellee.

UNITED STATES OF AMERICA, No. 04-10069

Plaintiff - Appellee, D.C. No. CR-02-01805-CKJ

V. ORDER

JOHN GILBERT OGLES,

Defendant - Appellant.

Before: SCHROEDER, Chief Judge.

Upon the vote of a majority of nonrecused regular active judges of this

court, it is ordered that this case be reheard by the en banc court pursuant to Circuit

Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to

this court or any district court of the Ninth Circuit, except to the extent adopted by

the en banc court.