United States v. Leal-Felix

FILED FOR PUBLICATION APR 19 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 09-50426 Plaintiff - Appellee, D.C. No. 5:09-cr-00067-VAP-1 v. ORDER ISRAEL LEAL-FELIX, Defendant - Appellant. KOZINSKI, Chief Judge: 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.