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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 D.C. No.
NEVILS, JR., EARL BOWMAN, EARL 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
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