FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  No. 07-50107 Plaintiff-Appellee, D.C. No. v. CR-06-02713-JAH JUVENILE MALE,  Southern District of Defendant-Appellant. California, San Diego  ORDER Filed January 13, 2009 Before: Marsha S. Berzon and Sandra S. Ikuta, Circuit Judges, and James K. Singleton,* Senior District Judge.

ORDER The Appellee’s petition for rehearing is DENIED. The Appellant’s petition for rehearing is GRANTED. The panel’s opinion, published at 528 F.3d 1146, is VACATED.

*The Honorable James K. Singleton, United States District Judge for the District of Alaska, sitting by designation.

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