Holland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-30258 Plaintiff-Appellee, D.C. No. v. CR-05-00079-EJL

RUSSELL LAROY HOLLAND,  ORDER

Defendant-Appellant. WITHDRAWING

OPINION AND

 OPINION

Appeal from the United States District Court for the District of Idaho Edward J. Lodge, District Judge, Presiding

Argued and Submitted February 8, 2007—Portland, Oregon

Filed March 17, 2008

Before: David R. Thompson, Andrew J. Kleinfeld, and Jay S. Bybee, Circuit Judges.

Opinion by Judge Bybee

2487 2490 UNITED STATES v. HOLLAND

COUNSEL

Philip Gordon, Boise, Idaho, for appellant Russell Laroy Hol- land.

Alan G. Burrow & George W. Breitsameter, Boise, Idaho, for appellee United States of America.

ORDER

The Opinion filed September 4, 2007, slip op. 11411, and appearing at 501 F.3d 1120 (9th Cir. 2007), is withdrawn. It may not be cited as precedent by or to this court or any dis- trict court of the Ninth Circuit. UNITED STATES v. HOLLAND 2491

OPINION

BYBEE, Circuit Judge:

Russell Laroy Holland appeals his…