Lopez-Velasquez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 07-30241 Plaintiff-Appellant, v.  D.C. No.

CR-06-00434-1-KI

EDMUNDO LOPEZ-VELASQUEZ,

ORDER

Defendant-Appellee.  Filed March 8, 2010

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

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