FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  No. 07-99008 Plaintiff-Appellee, D.C. No. v.  2:02-cr-00220-DT Central District of IOURI MIKHEL, Defendant-Appellant. California  ORDER Filed January 22, 2009 Before: Alfred T. Goodwin, Stephen Reinhardt, and William A. Fletcher, Circuit Judges.

ORDER Pursuant to 9th Cir. R. 36-5, the Memorandum and Order filed on January 5, 2009 is hereby designated an Opinion and Order for publication.

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