Carty

FILED

FOR PUBLICATION AUG 23 2006

CATHY A. CATTERSON, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 05-10200

Plaintiff - Appellee, D.C. No. CR-03-01135-RGS District of Arizona,

V. Phoenix

ALPHONSO KINZAR CARTY,

Defendant - Appellant. UNITED STATES OF AMERICA, No. 05-30120

Plaintiff - Appellee, D.C. No. CR-02-00079-12-BLW

V. District of Idaho

JUAN ANTONIO ZAVALA, ORDER

Defendant - Appellant.

Before: SCHROEDER, Chief Judge.

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

it is ordered that these cases be reheard by the en banc court pursuant to Circuit

Rule 35-3. The three-judge panel opinions 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.

These matters are consolidated for purposes of en banc rehearing.