¶1Melinda Haag, U.S. Attorney, Suzanne Miles, Assistant U.S. Attorney, Barbara Valliere, Assistant U.S. Attorney, Office of the U.S. Attorney, San Francisco, CA, for Plaintiff-Appellee.
¶2Barry J. Portman, Federal Public Defender, Daniel Blank, Assistant Federal Public Defender, Federal Public Defender’s Office, San Francisco, CA, for Defendant-Appellant.
¶3D.C. No. 3:10-cr-00455-WHA-l.
¶4ORDER
¶6Upon the vote of a majority of nonrecused 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.
¶7Judge NGUYEN did not participate in the deliberations or vote in this case.