Salazar

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-50392 Plaintiff-Appellee, D.C. No. v.  CR-03-00026-

AHS-

LEONEL SALAZAR,

Defendant-Appellant. ORDER AND  OPINION

Appeal from the United States District Court for the Central District of California Alicemarie H. Stotler, District Judge, Presiding

Argued and Submitted March 8, 2006—Pasadena, California

Filed July 24, 2006

Before: Susan P. Graber, Kim McLane Wardlaw, and Johnnie B. Rawlinson, Circuit Judges.

Opinion by Judge Wardlaw; Concurrence by Judge Rawlinson COUNSEL

Jonathan D. Libby, Deputy Federal Public Defender, Los Angeles, California, for the defendant-appellant.

Nguyen-Hong K. Hoang, Assistant United States Attorney, Santa Ana, California, for the plaintiff-appellee.

ORDER

The ORDER published on April 10, 2006 and appearing at United States v. Salazar, 443 F.3d 1153 (9th Cir. 2006), is hereby WITHDRAWN. The clerk shall file the attached opin- ion, along with Judge Rawlinson’s concurrence.

The panel has voted unanimously to deny the petition for panel rehearing and rehearing en banc. 8120 …