Nevils

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, v. No. 06-50485 EARL ANTHONY NEVILS, a/k/a EARL NEVILS, JR., EARL BOWMAN, EARL  D.C. No.

CR-03-01269-CBM

JOHNSON, ALFRED JOHNSON,

ORDER

“BABYCRIPTOE”, “LILAMIGO” and “BABY FROG,” Defendant-Appellant.  Filed June 16, 2009

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.

7409

PRINTED FOR

ADMINISTRATIVE OFFICE—U.S. COURTS

BY THOMSON REUTERS/WEST—SAN FRANCISCO

The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2009 Thomson Reuters/West.