FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 11 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 21-30055 Plaintiff-Appellee, D.C. No. 2:19-cr-00111-WFN-17 v. Eastern District of Washington, Spokane GERARDO FARIAS-CONTRERAS, AKA Tomas Gomez, 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.

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