Opinion
No. 09–30000.
2011-08-2
Mark Nelson Bartlett, Helen J. Brunner, Esquire, Office of the U.S. Attorney, Seattle, WA, for Plaintiff–Appellant.Thomas W. Hillier, II, FPDWA – Federal Public Defender's Office, Seattle, WA, for Defendant–Appellee.D.C. No. 2:99–cr–00666–JCC–1.
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.