FOR PUBLICATION                            FILED
                  UNITED STATES COURT OF APPEALS                         AUG 16 2023
                                                                     MOLLY C. DWYER, CLERK
                                                                      U.S. COURT OF APPEALS
                         FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,                      No.    22-50064

               Plaintiff-Appellee,             D.C. No.
                                               8:21-cr-00017-JVS-1
 v.                                            Central District of California,
                                               Santa Ana
FRANCISCO LUCAS, Jr., AKA Choko,
AKA Francisco Lucas,                           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.