FILED
FOR PUBLICATION AUG 23 2006
CATHY A. CATTERSON, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 05-10200
Plaintiff - Appellee, D.C. No. CR-03-01135-RGS
District of Arizona,
V. Phoenix
ALPHONSO KINZAR CARTY,
Defendant - Appellant.
UNITED STATES OF AMERICA, No. 05-30120
Plaintiff - Appellee, D.C. No. CR-02-00079-12-BLW
V. District of Idaho
JUAN ANTONIO ZAVALA, ORDER
Defendant - Appellant.
Before: SCHROEDER, Chief Judge.
Upon the vote of a majority of nonrecused regular active judges of this court,
it is ordered that these cases be reheard by the en banc court pursuant to Circuit
Rule 35-3. The three-judge panel opinions 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.
These matters are consolidated for purposes of en banc rehearing.