FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  No. 09-50426 Plaintiff-Appellee, D.C. No. v.  5:09-cr-00067- ISRAEL LEAL-FELIX, VAP-1 Defendant-Appellant.  ORDER Filed April 19, 2011

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.

5411 PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON REUTERS—SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2011 Thomson Reuters.