
    UNITED STATES of America, Plaintiff-Appellant, v. Ahmed RESSAM, Defendant-Appellee.
    No. 09-30000.
    United States Court of Appeals, Ninth Circuit.
    Aug. 2, 2011.
    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.
   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.  