                  FOR PUBLICATION
  UNITED STATES COURT OF APPEALS
       FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,                   No. 05-50236
                 Plaintiff-Appellee,           D.C. No.
                v.                         CR-03-00232-AHS
JOHN W. SELJAN,                            Central District
             Defendant-Appellant.            of California,
                                              Santa Ana

                                               ORDER

                   Filed January 16, 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.




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