FILED

NOT FOR PUBLICATION

NOV 19 2020

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 17-10171

Plaintiff-Appellee, D.C. No.

2:15-cr-00094-LDG-VCF-1 v. District of Nevada,

Las Vegas DEANDRE SPENCER COTTON,

Defendant-Appellant. ORDER Before: D.W. NELSON, W. FLETCHER, and BYBEE, Circuit Judges.

Judges D.W. Nelson and Bybee voted to grant the petition for panel rehearing and voted to vacate the memorandum disposition. Judge W. Fletcher voted to deny the petition for panel rehearing.

Judge W. Fletcher voted to deny the petition for rehearing en banc. Judges D.W. Nelson and Bybee recommended denying the petition for rehearing en banc as moot.

Appellant’s petition for rehearing is GRANTED. The memorandum disposition filed on September 28, 2020, is VACATED pending USA v.Figueroa- Beltran, 16-10388, in this court. The petition for rehearing en banc is DENIED as moot.