Opinion
No. 09-10303.
June 2, 2011.
Robert A. Parker, DOJ-U.S. Department of Justice, Washington, DC, Phillip A. Talbert, Assistant U.S., USSAC-Office of the U.S. Attorney, Sacramento, CA, for Plaintiff-Appellee.
Rachelle Barbour, Esquire, FPDCA — Federal Public Defender's Office, Sacramento, CA, for Defendant-Appellant.
D.C. No. 2:09-cr-00015-EJG-1.
ORDER
Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.