
    UNITED STATES of America, Plaintiff-Appellee, v. Javier MONTES-RUIZ, Defendant-Appellant.
    No. 12-50398.
    United States Court of Appeals, Ninth Circuit.
    March 21, 2014.
    Carlos Arguello, II, Esquire, Assistant U.S., James Peter Melendres, Assistant U.S., Office of The U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
    Devin Burstein, Devin Burstein, Esq., San Diego, CA, for Defendant-Appellant.
    Before: GOULD and RAWLINSON, Circuit Judges, and LEMELLE, District Judge.
    
    
      
       The Honorable Ivan L.R. Lemelle, District Judge for the U.S. District Court for the Eastern District of Louisiana, sitting by designation.
    
   ORDER

The mandate issued on December 13, 2013, is hereby recalled.

The unopposed request for publication is granted, and the Memorandum Disposition filed on November 20, 2013, is withdrawn. The withdrawn memorandum disposition is replaced and superseded by the attached opinion.  