Filing 920060418


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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. RODRIGO ALEJANDRO MORALESPEREZ, Defendant-Appellant. No. 05-10115 D.C. No. CR-04-00094-JCM ORDER Filed April 19, 2006 Before: Alfred T. Goodwin, Diarmuid F. O'Scannlain, and Richard C. Tallman, Circuit Judges. ORDER The panel opinion and Judge Tallman's dissent filed on February 22, 2006, are withdrawn. A substitute opinion will issue in due course. The petition for rehearing en banc is denied as moot without prejudice to renewal by either party following issuance of the new opinion. 4413 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 2006 Thomson/West.

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