FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 13 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-10150
Plaintiff-Appellee, D.C. No.
2:96-cr-00464-DLR-4
v. District of Arizona,
Phoenix
RILEY BRIONES, Jr., AKA Unknown
Spitz, 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 disposition in this case shall not be
cited as precedent by or to any court of the Ninth Circuit.
Judge Watford did not participate in the deliberations or vote in this case.