FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  No. 06-50169 Plaintiff-Appellee, D.C. No. v. CR-05-00064-AHS MICHAEL LEE SNELLENBERGER, aka  Central District Michael Lee Cutter, Michael Lee of California, Davidson, Robert Eugene Frehly, Santa Ana Cutter Snellenberger, “Cutter”, ORDER Defendant-Appellant.  Filed March 14, 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.

2655 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 © 2008 Thomson/West.