FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, No. 05-30356 v.  D.C. No. CR-04-00301-016- ADRIAN GARCIA, MJP Defendant-Appellant.  UNITED STATES OF AMERICA,  Plaintiff-Appellee, No. 05-30391 v.  D.C. No. CR-04-00301-003- IVAN TORRES, MJP Defendant-Appellant.  UNITED STATES OF AMERICA,  No. 05-30415 Plaintiff-Appellee, D.C. No. v. CR-04-00301-007- MIGUEL PLASCENCIA-ALVARADO, MJP also known as Esteban Garcia-  ORDER Morales also known as Angel GRANTING Caloca, PETITION FOR Defendant-Appellant. REHEARING AND AMENDING  OPINION Filed April 17, 2008

4099 4100 UNITED STATES v. GARCIA Before: J. Clifford Wallace, Kim McLane Wardlaw and Raymond C. Fisher, Circuit Judges.

ORDER The panel has voted to grant the joint petition for panel rehearing filed by Appellants Adrian Garcia (case no. 05- 30356) and Miguel Plascencia-Alvarado (case no. 05-30415).

Judges Wardlaw and Fisher voted to deny the joint petition for rehearing en banc and Judge Wallace recommended deny- ing the joint petition for rehearing en banc.

The full court has been advised of the joint petition for rehearing en banc and no judge of the court has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35.

Appellants’ joint petition for panel rehearing is GRANTED and the petition for rehearing en banc, is DENIED.

The opinion filed on November 19, 2007, and appearing at 507 F.3d 1213 (9th Cir. 2007) is amended. The superseding amended opinion will be filed concurrently with this order.

The parties may file a petition for rehearing based on the amended opinion.

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