FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-10203
Plaintiff-Appellee,
D.C. No.
v. 2:13-cr-00148-
JAD-GWF-2
ALEXIS TORRES SIMON,
Defendant-Appellant. ORDER
Filed January 27, 2017
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.