FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 24 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 21-30266 Plaintiff-Appellee, D.C. No. 6:18-cr-00351-AA-1 District of Oregon, v. Eugene KEITH ATHERTON, AKA Keith James ORDER Atherton, AKA John Doe, 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 40(c) and Circuit Rule 40-3. The three-judge panel opinion is vacated.