FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-10131
Plaintiff-Appellee,
D.C. No.
v. 2:08-cr-01329-ROS-1
DAMIEN ZEPEDA,
Defendant-Appellant. ORDER
Filed February 10, 2014
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
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.