Snellenberger

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-50169 Plaintiff-Appellee, D.C. No. v.

CR-05-00064-AHS

MICHAEL LEE SNELLENBERGER, aka  Central District Michael Lee Cutter, Michael Lee of California, Davidson, Robert Eugene Frehly, Santa Ana Cutter Snellenberger, “Cutter”,

ORDER

Defendant-Appellant.  Filed March 14, 2008

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

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