FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  No. 05-50236 Plaintiff-Appellee, D.C. No. v. CR-03-00232-AHS JOHN W. SELJAN,  Central District Defendant-Appellant. of California, Santa Ana  ORDER Filed January 16, 2008

ORDER KOZINSKI, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

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