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[ Upstream commit5440428b3d] The dev->can.state is set to CAN_STATE_ERROR_ACTIVE, after the device has been started. On busy networks the CAN controller might receive CAN frame between and go into an error state before the dev->can.state is assigned. Assign dev->can.state before starting the controller to close the race window. Fixes:d08e973a77("can: gs_usb: Added support for the GS_USB CAN devices") Link: https://lore.kernel.org/all/20220920195216.232481-1-mkl@pengutronix.de Signed-off-by: Marc Kleine-Budde <mkl@pengutronix.de> Signed-off-by: Sasha Levin <sashal@kernel.org>