FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  No. 04-10257 Plaintiff-Appellee, D.C. No. v. CR-00-00786- RAUL ORTUNO-HIGAREDA,  1-JMR Defendant-Appellant. District of Arizona, Tucson  ORDER Filed March 16 2007 Before: Mary M. Schroeder, Chief Circuit Judge, J. Clifford Wallace, Stephen Reinhardt, Diarmuid F. O’Scannlain, Pamela Ann Rymer, Michael Daly Hawkins, Sidney R. Thomas, Barry G. Silverman, Susan P. Graber, Kim McLane Wardlaw, Raymond C. Fisher, Richard A. Paez, Marsha S. Berzon, Richard C. Tallman, and Jay S. Bybee, Circuit Judges.

ORDER In light of the information furnished to us by the parties in response to our order of March 13, 2007, the appeal is dis- missed as moot. The three-judge panel opinion, published at 450 F.3d 406 (9th Cir. 2006), is vacated.

3383 PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2007 Thomson/West.