United States v. Yepez

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.