FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, No. 07-10487 v.  D.C. No. CR-06-00626-DGC KENDERICK BEGAY, a.k.a. Kendrick Begay, ORDER Defendant-Appellant.  Filed January 4, 2010

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.