FILED FOR PUBLICATION NOV 12 2015 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 14-50342 Plaintiff - Appellee, D.C. No. 3:14-cr-00958-GPC-1 v. FRANCISCO JAVIER GASCA-RUIZ, ORDER Defendant - Appellant.

UNITED STATES OF AMERICA, No. 14-50343 Plaintiff - Appellee, D.C. No. 3:12-cr-01124-GPC-1 v. FRANCISCO JAVIER GASCA-RUIZ, Defendant - Appellant.

THOMAS, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that these cases be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3.

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