Opinion
No. 13-50561 No. 13-50562 No. 13-50566 No. 13-50571
08-05-2016
Daniel Earl Zipp, Peter Ko, Assistant U.S. Attorneys, Office of the US Attorney, San Diego, CA, for Plaintiff–Appellee. Ellis M. Johnston, III, Esquire, Trial Attorney, Reuben Camper Cahn, Esquire, Executive Director, Shereen Joy Charlick, Esquire, Kimberly Sue Trimble, Trial Attorney, Elizabeth M. Barros, Esquire, Supervisory Attorney, Federal Defenders of San Diego, Inc., San Diego, CA, for Defendants–Appellants.
Daniel Earl Zipp, Peter Ko, Assistant U.S. Attorneys, Office of the US Attorney, San Diego, CA, for Plaintiff–Appellee.
Ellis M. Johnston, III, Esquire, Trial Attorney, Reuben Camper Cahn, Esquire, Executive Director, Shereen Joy Charlick, Esquire, Kimberly Sue Trimble, Trial Attorney, Elizabeth M. Barros, Esquire, Supervisory Attorney, Federal Defenders of San Diego, Inc., San Diego, CA, for Defendants–Appellants.
ORDER
THOMAS, 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 shall not be cited as precedent by or to any court of the Ninth Circuit.
Judge Owens did not participate in the deliberations or vote in this case.