FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 02-50355 Plaintiff-Appellant, D.C. No. v. CR-01-00209-RMT HOSSEIN AFSHARI, aka Hosseini Central District Deklami; et al., of California, Defendants-Appellees. Los Angeles ORDER Filed June 17, 2005 Before: Andrew J. Kleinfeld, Kim McLane Wardlaw, and William A. Fletcher, Circuit Judges. ORDER The opinion filed December 20, 2004, and appearing at 392 F.3d 1031 (9th Cir. 2004), is withdrawn. Pursuant to General Order 5.3.a, an opinion is filed contemporaneously with this order. With the withdrawal and substitution of the opinion, the petition for rehearing and petition for rehearing en banc are denied as moot. Subsequent petitions for rehearing and petitions for rehearing en banc may be filed. Federal Rule of Appellate Procedure 40 now controls. 7241 PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2005 Thomson/West.