569 F.3d 956 (2009)
UNITED STATES of America, Plaintiff-Appellee,
No. 08-30091.
UNITED STATES of America, Plaintiff-Appellee,
v.
Dennis STRICKLAND, Defendant-Appellant.
No. 08-30091.
United States Court of Appeals, Ninth Circuit.
Filed June 19, 2009.Marcia Kay Hurd, Esquire, Assistant U.S., Eric B. Wolff, Esquire, Assistant U.S., Ryan Archer, Assistant U.S., USBI Office of the U.S. Attorney, Billings, MT, for Plaintiff-Appellee.
Michael Donahoe, Esquire, Assistant Federal Public Defender, Fdmt-Federal Defenders of Montana Helena Branch Office, Helena, MT, Defendant-Appellant.
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 Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.