                  FOR PUBLICATION
  UNITED STATES COURT OF APPEALS
       FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,                   No. 05-30303
                Plaintiff-Appellee,
               v.                             D.C. No.
                                           CR-04-00127-RCT
DAVID ROLAND HINKSON,
                                               ORDER
             Defendant-Appellant.
                                      
                   Filed October 20, 2008


                           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.

  Judges Silverman and Tallman did not participate in the
deliberations or vote in this case.




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