FILED
FOR PUBLICATION MAR 01 2012
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. 09-50271
Plaintiff - Appellee, D.C. No. 3:08-cr-03499-LAB-1
v.
ORDER
DAVID YEPEZ,
Defendant - Appellant.
UNITED STATES OF AMERICA, No. 09-50409
Plaintiff - Appellant, D.C. No. 3:08-cr-02350-L-1
v.
AUDENAGO ACOSTA-MONTES,
Defendant - Appellee.
KOZINSKI, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it is ordered that
these cases be reheard en banc pursuant to Circuit Rule 35-3. The three-judge
Page 2
panel opinion shall not be cited as precedent by or to any court of the Ninth
Circuit.
Judge Christen did not participate in the deliberations or vote in these cases.