FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA , No. 10-50249 Plaintiff - Appellee, D.C. No. v. 5:09-cr-00024-VAP-1 RUFINO IGNACIO VALDES- VEGA , ORDER Defendant - Appellant.

Filed April 25, 2013

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 Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.