FILED
FOR PUBLICATION MAY 19 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-35796
Plaintiff - Appellee, D.C. Nos. 1:09-cv-00055-BLW
1:07-cr-00182-BLW-1
v.
ELVEN JOE SWISHER, ORDER
Defendant - Appellant.
THOMAS, Chief Judge:
Upon the vote of a majority of nonrecused 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.
Judge Tallman did not participate in the deliberations or vote in this case.