FILED

FOR PUBLICATION DEC 21 2006

CATHY A. CATTERSON, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 04-30007

Plaintiff - Appellee, D.C. No. CR-03-02059-EFS V.

ORDER LUIS EMILO GONZALES,

Defendant - Appellant. Before: SCHROEDER, Chief Judge.

Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.