THOMAS, Chief Judge
Amy Kraus, Law Office of Amy B. Kraus, Cary S. Sandman, FPDAZ–Federal Public Defender's Office, Tucson, AZ, for Petitioner–Appellant.
John Pressley Todd, Esquire, Assistant Attorney General, Arizona Attorney General's Office, Phoenix, AZ, for Respondent–Appellee.
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.
Judges Murguia and Hurwitz did not participate in the deliberations or vote in this case.