Cope

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-50441 Plaintiff-Appellee, D.C. No. v.  CR-05-00765-

GPS-

GORDON DOUGLAS COPE, JR.,

Defendant-Appellant. ORDER AND  OPINION

Appeal from the United States District Court for the Central District of California George P. Schiavelli, District Judge, Presiding

Argued and Submitted June 4, 2007—Pasadena, California

Filed June 4, 2008

Before: Sidney R. Thomas, Raymond C. Fisher, and Ronald M. Gould, Circuit Judges.

Opinion by Judge Thomas Sean K. Kennedy, Acting Federal Public Defender, and Eliza- beth A. Newman (argued), Deputy Federal Public Defender, Los Angeles, California, for the appellant.

George S. Cardona, Acting United States Attorney, Thomas P. O’Brien, Assistant United States Attorney, and Andrea L. Russi (argued), Assistant United States Attorney, Los Ange- les, California, for the appellee.

ORDER

The panel has decided to withdraw the opinion filed November 5, 2007. The opinion is withdrawn and a substi- tuted opinion is filed concurrently with this order.

With the filing of the substituted opinion, the panel has…