FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  No. 09-30000 Plaintiff-Appellant, D.C. No. v.  2:99-cr-00666- AHMED RESSAM, JCC-1 Defendant-Appellee.  ORDER Filed August 2, 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.

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