FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  No. 05-10280 Plaintiff-Appellee, D.C. No. v.  CR-03-00187-DAE District of Hawaii, JESUS NORBERTO EVANS-MARTINEZ, Defendant-Appellant. Honolulu  ORDER Filed June 27, 2008 Before: Robert R. Beezer and Raymond C. Fisher, Circuit Judges, and Robert J. Timlin,* Senior District Judge.

ORDER The Opinion filed June 1, 2006, slip op. 5969, and appear- ing at 448 F.3d 1163 (9th Cir. 2006), is withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit.

*The Honorable Robert J. Timlin, Senior District Judge for the United States District Court for the Central District of California, sitting by desig- nation.

7585 PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON REUTERS/WEST—SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2008 Thomson Reuters/West.