Mayer

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 07-30274 Plaintiff-Appellee, D.C. No. v.  CR-05-60072-ALA

CASEY DALE MAYER, ORDER AND

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Oregon Ann L. Aiken, District Judge, Presiding

Argued and Submitted May 5, 2008—Portland, Oregon

Filed March 16, 2009

Before: Richard C. Tallman, Richard R. Clifton, and N. Randy Smith, Circuit Judges.

Order; Dissent to Order by Chief Judge Kozinski; Opinion by Judge N.R. Smith; COUNSEL

Craig E. Weinerman, Assistant Federal Public Defender, Eugene, Oregon, for the defendant-appellant.

Frank R. Papagni, Jr., Assistant United States Attorney, Eugene, Oregon, for the plaintiff-appellee.

ORDER

The opinion in the above-captioned matter filed on June 30, 2008, and published at 530 F.3d 1099, is WITHDRAWN. The superseding opinion shall be filed concurrently with this order.

Having made the foregoing amendments to the opinion, all judges on the panel have voted to deny Defendant/Appellee’s…