FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  Plaintiff-Appellee, No. 09-50271 v.  D.C. No. 3:08-cr-03499- DAVID YEPEZ, LAB-1 Defendant-Appellant. 

UNITED STATES OF AMERICA,  No. 09-50409 Plaintiff-Appellant, v.  D.C. No. 3:08-cr-02350-L-1 AUDENAGO ACOSTA-MONTES, ORDER Defendant-Appellee.  Filed March 1, 2012

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that these cases be reheard en banc pursuant to Cir- cuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

Judge Christen did not participate in the deliberations or vote in these cases.

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