FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  Nos. 04-30397 Plaintiff-Appellee/Cross- 04-30494 Appellant, D.C. No. v. CR-03-00142- GINO GONZAGA RODRIQUEZ,  RHW Eastern Defendant-Appellant/Cross- Appellee. District of Washington, Spokane  ORDER On Remand from the United States Supreme Court Filed July 7, 2008 Before: Johnnie B. Rawlinson and Richard R. Clifton, Circuit Judges, and Consuelo Marshall,* District Judge.

ORDER This case is hereby resubmitted.

Pursuant to the judgment of the United States Supreme Court issued on May 19, 2008 in United States v. Rodriquez, ___ U.S. ___, 128 S.Ct. 1783, we vacate our opinion at 464 F.3d 1072 (9th Cir. 2006), vacate the district court’s decision, and remand to the district court for further proceedings con- sistent with the opinion of the Supreme Court.

*The Honorable Consuelo Marshall, Senior United States District Judge for the Central District of California, sitting by designation.

8117 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.