FILED FOR PUBLICATION SEP 30 2008 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 05-10067 Plaintiff - Appellant, D.C. No. MISC-04-234-SI v. ORDER COMPREHENSIVE DRUG TESTING, INC., Defendant - Appellee.

MAJOR LEAGUE BASEBALL No. 05-15006 PLAYERS ASSOCIATION, D.C. No. CV-04-00707-JCM Petitioner - Appellee, v. UNITED STATES OF AMERICA, Respondent - Appellant.

In re: SEARCH WARRANTS No. 05-55354 EXECUTED ON APRIL 8, 2004 AT CDT, INC., D.C. No. CV-04-02887-FMC SEAL 1, Plaintiff - Appellant, v. SEAL 2, Defendant - Appellee.

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.

2 05-10067