FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 29 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 19-30006

Plaintiff-Appellant, D.C. No. 1:18-cr-02050-SAB-1 v. Eastern District of Washington, Yakima JUAN CARLOS BASTIDE-HERNANDEZ, AKA Jesus Chavez-Gongoria, AKA ORDER Domingo Chavez-Lopez, AKA Francisco Soto Hernandez,

Defendant-Appellee.

MURGUIA, 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.