FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 4 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 18-50115

Plaintiff-Appellee, D.C. No. 5:17-cr-00159-PA-2

Central District of California, v. Riverside DANIEL RAY, AKA Popeye, AKA Daniel ORDER T. Ray, AKA Daniel Thomas Ray,

Defendant-Appellant. UNITED STATES OF AMERICA, No. 18-50120

Plaintiff-Appellee, D.C. No. 5:17-cr-00159-PA-1 v. PATRICK JOHN BACON,

Defendant-Appellant. . THOMAS, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that United States v. Bacon, No. 18-50120, be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion is vacated. The memorandum disposition is vacated with respect to United States v. Bacon, No. 18-50120. The mandate remains in effect with respect to United States v. Ray, No. 18-50115.

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