FOR PUBLICATION                            FILED
                   UNITED STATES COURT OF APPEALS                         DEC 14 2022
                                                                      MOLLY C. DWYER, CLERK
                                                                       U.S. COURT OF APPEALS
                          FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,                       No.    21-50129

                Plaintiff-Appellee,             D.C. No.
                                                3:20-cr-02914-LAB-1
  v.                                            Southern District of California,
                                                San Diego
CYNTHIA LEON MONTOYA,

ORDER

                Defendant-Appellant.

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.

       Judges Owens and Bumatay did not participate in the deliberations or vote in

this case.