FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 27 2017 FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS UNITED STATES OF AMERICA, No. 15-10203 Plaintiff-Appellee, D.C. No. 2:13-cr-00148-JAD-GWF-2 v. District of Nevada, Las Vegas ALEXIS TORRES SIMON, Defendant-Appellant. ORDER 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.