¶1Charles Marchand Bonneau, II, Esquire, Sacramento, CA, for Petitioner-Appellant.
¶2Brian G. Smiley, Supervising Deputy Attorney General, Office of the California Attorney General, Sacramento, CA, for Respondent-Appellee.
¶3ORDER
¶5Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.