FILED FOR PUBLICATION SEP 26 2016 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 14-50014

Plaintiff-Appellee, D.C. No. 2:12-cr-00973-ABC-1 v. Central District of California, Los Angeles MELVIN MARTINEZ-LOPEZ, AKA Jorge Lopez, AKA Melvin Miscael Martinez, AKA Miguel Angel ORDER Rodriguez, AKA Manuel Rodriguez- Pena,

Defendant-Appellant.

THOMAS, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that

this case be heard en banc pursuant to Federal Rule of Appellate Procedure 35(a)

and Circuit Rule 35-3.

Judge Ikuta did not participate in the deliberations or vote in this case.