RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 08a0465p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________

X Plaintiff-Appellee, - UNITED STATES OF AMERICA, - - - No. 07-1964 v. , > - Defendant-Appellant. - LONNIE RAY DAVIS, - N Filed: December 31, 2008 * Before: MARTIN and GILMAN, Circuit Judges; DOWD, District Judge.

_________________ ORDER _________________ The opinion and judgment of December 19, 2008, are hereby withdrawn.

ENTERED BY ORDER OF THE COURT /s/ Leonard Green ___________________________________ Clerk

* The Honorable David D. Dowd, Jr., Senior District Judge for the Northern District of Ohio, sitting by designation.