¶1Gail Ivens, Esquire, Deputy Federal Public Defender, Matthew Brady Larsen, Federal Public Defender’s Office, Los An-geles, CA, for Petitioner-Appellant.
¶2Jean-Claude Andre, Assistant U.S., Aron Ketehel, Office of the U.S. Attorney, Los Angeles, CA, Sonja Ralston, U.S. Department of Justice, Washington, DC, for Respondent-Appellee.
¶3ORDER
¶5Upon the vote of a majority of nonre-cused 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.