FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 11-50417 Plaintiff-Appellee, D.C. No. v. 3:10-cr-00558-BTM-1 SALVADOR HERNANDEZ- ESTRADA, ORDER Defendant-Appellant.

Filed September 9, 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.