FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 14-10080 Plaintiff-Appellee, D.C. No. v. 3:13-cr-08073- NVW-1 RANDLY IRVIN BEGAY, AKA Randly Begay, ORDER Defendant-Appellant.

Filed October 27, 2021

ORDER THOMAS, 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 is vacated.

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