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.