FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-10303
Plaintiff-Appellee, D.C. No.
v. 2:09-cr-00015-
JERRY ARBERT POOL, EJG-1
Defendant-Appellant.
ORDER
Filed June 2, 2011
ORDER
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.
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