¶1Craig H. Missakian, Esquire, Michael J. Raphael, Esquire, Assistant U.S., Office of *1106the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee.
¶2Davina T. Chen, Assistant Federal Public Defender, Federal Public Defender’s Office, Los Angeles, CA, for Defendanb-Appellant.
¶3ORDER
¶5Upon the vote of a majority of nonre-cused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.