FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, Nos. 14-50393 Plaintiff-Appellee, 14-50394 v. D.C. Nos. 3:12-cr-03370-LAB-1 RUFINO PERALTA-SANCHEZ, 3:14-cr-01308-LAB-1 Defendant-Appellant.

ORDER

Filed August 22, 2017 Before: Harry Pregerson, Jay S. Bybee, and N. Randy Smith, Circuit Judges.

ORDER Appellant’s petition for panel rehearing is hereby GRANTED.

The opinion and dissent filed February 7, 2017, Nos. 14- 50393 and 14-50394, and appearing at 847 F.3d 1124, are withdrawn. It shall not be cited as precedent by or to any court of the Ninth Circuit.

A memorandum disposition is being simultaneously filed with this order. Judge Pregerson concurs in the judgment.

2 UNITED STATES V. PERALTA-SANCHEZ No further petitions for panel rehearing or rehearing en banc will be entertained in this case.