ORDER
SCHROEDER, Chief Judge.Upon the vote of a majority of nonre-cused regular active judges of this court,1 it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth *910Circuit, except to the extent adopted by the en banc court.
. Judges Tashima, McKeown and Gould were recused.