¶1Before GOODWIN, Chief Judge, and BROWNING, WALLACE, HUG, TANG, SCHROEDER, FLETCHER, FARRIS, PREGERSON, ALARCON, POOLE, NELSON, CANBY, NORRIS, REINHARDT, BEEZER, HALL, *1231WIGGINS, BRUNETTI, KOZINSKI, NOONAN, THOMPSON, O’SCANNLAIN, LEAVY, TROTT, FERNANDEZ and RYMER, Circuit Judges.
¶2Upon the vote of a majority of nonre-cused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.