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FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellant,
V.
JOHN GILBERT OGLES,
Defendant - Appellee.
No. 03-10439
D.C. No. CR-02-01805-CKJ
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
V.
JOHN GILBERT OGLES,
Defendant - Appellant.
No. 04-10069
D.C. No. CR-02-01805-CKJ
ORDER
Before: SCHROEDER, Chief Judge.
Upon the vote of a majority of nonrecused regular active judges of this
court, it is ordered that this case be reheard by the en banc court pursuant to Circuit
Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to
this court or any district court of the Ninth Circuit, except to the extent adopted by
the en banc court.
FILED
NOV 16 2005
CATHY A. CATTERSON, CLERK
U.S. COURT OF APPEALS
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