This matter was argued September 17, 2003. This court subsequently issued its decision in Raich v. Ashcroft, 352 F.3d 1222 (9th Cir. 2003), petition for cert. filed, (U.S. April 20, 2004) (No. 03-1454), on December 16, 2003. We vacated submission and ordered supplemental briefing. This case was resubmitted as of May 3, 2004.

The issues in Raich may control the outcome in this case. Accordingly, thiscase is remanded for the district court to reconsider after the Supreme Court has completed its action in Raich.

IT IS SO ORDERED