¶1ORDER
¶2Before WALLACE, Chief Judge, BROWNING, HUG, TANG, SCHROEDER, FLETCHER, FARRIS, PREGERSON, ALARCON, POOLE, D.W. NELSON, CANBY, NORRIS, REINHARDT, BEEZER, HALL, WIGGINS, BRUNETTI, KOZINSKI, NOONAN, THOMPSON, O’SCANNLAIN, LEAVY, TROTT, FERNANDEZ, RYMER, T.G. NELSON, and KLEINFELD, Circuit Judges.
¶3Upon the vote of a majority of nonre-cused regular active judges of this court, it is ordered that this case, 953 F.2d 1137, be *985reheard by the en banc court pursuant to Circuit Rule 35-3.