FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUL 28 2006
CATHY A. CATTERSON, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 04-10632
Plaintiff - Appellee, D.C. No. CR-04-00064-RCJ/PAL
V.
ORDER
KEVIN ERIC CURTIN,
Defendant - Appellant.
Before: SCHROEDER, Chief Judge.
Upon the vote of a majority of nonrecused regular active judges of this
court,1 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.
1
Judge Rawlinson is recused.