FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-10004
Plaintiff-Appellee,
D.C. No.
v. 2:11-cr-00217-
LDG-CWH-1
NICHOLAS LINDSEY,
Defendant-Appellant. ORDER
Filed February 3, 2017
Before: Susan P. Graber,* Ronald M. Gould,
and Michelle T. Friedland, Circuit Judges.
ORDER
The Defendant-Appellant’s petition for rehearing is
GRANTED. The prior opinion and memorandum
disposition filed June 28, 2016, are withdrawn. A substitute
opinion and substitute memorandum disposition shall be filed
in due course.
*
After oral argument in this case, and our former opinion and
memorandum disposition filed June 28, 2016, and after the petition for
rehearing or rehearing en banc was filed on August 19, 2016, Judge
Graber on January 26, 2017, replaced Judge Noonan on this panel.