FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, v. No. 06-50485 EARL ANTHONY NEVILS, a/k/a EARL NEVILS, JR., EARL BOWMAN, EARL  D.C. No. CR-03-01269-CBM JOHNSON, ALFRED JOHNSON, ORDER “BABYCRIPTOE”, “LILAMIGO” and “BABY FROG,” Defendant-Appellant.  Filed June 16, 2009

ORDER 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.

7409 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 © 2009 Thomson Reuters/West.