KOZINSKI
Carmen F. Corbin, Assistant U.S. Attorney, USTU–Office of the U.S. Attorney, Tucson, AZ, for Plaintiff–Appellant. William J. Kirchner, Nash & Kirchner, P.C., Tucson, AZ, for Defendant–Appellee. David Miles Porter, Assistant Federal Public Defender, FPDCA–Federal Public Defender's Office, Sacramento, CA, Christopher Todd Handman, Hogan Lovells U.S. LLP, Washington, DC, for Amicus Curiae.D.C. No. 4:07–cr–01207–RCC–CRP–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.