United States v. Keith Atherton

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.