¶1Michael Tanaka, Deputy Federal Public Defender, FPDCA — Federal Public Defender’s Office (Los Angeles), Los Ange-les, CA, for Petitioner-Appellant.
¶2Yun K. Lee, Esquire, Deputy Attorney General, AGCA-Office of the California Attorney General, Los Angeles, CA, for Respondenb-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.