Soto

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 07-30011 Plaintiff-Appellee, D.C. No. v.  CR-06-02076-AAM

JOSE MARTIN SOTO, ORDER AND

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the Eastern District of Washington Alan A. McDonald, District Judge, Presiding

Argued and Submitted November 7, 2007—Seattle, Washington

Filed March 19, 2008

Before: William C. Canby, Jr., Susan P. Graber, and Ronald M. Gould, Circuit Judges.

Per Curiam; Concurrence by Judge Graber; Concurrence by Judge Gould COUNSEL

Tracy A. Staab, Research & Writing Attorney, Federal Defenders of Eastern Washington & Idaho, Spokane, Wash- ington, for the defendant-appellant. 2612 UNITED STATES v. SOTO Thomas J. Hanlon, Assistant United States Attorney, Yakima, Washington, for the plaintiff-appellee.

ORDER

The petition for panel rehearing is GRANTED. The memo- randum disposition filed on November 28, 2007, is withdrawn and the Clerk is ordered to file the attached opinion in its place. New petitions for…