
    UNITED STATES of America, Plaintiff-Appellee, v. Kurt William HAVELOCK, Defendant-Appellant.
    No. 08-10472.
    United States Court of Appeals, Ninth Circuit.
    May 9, 2011.
    Michael Thomas Morrissey, USPX-Office of the U.S. Attorney, Phoenix, AZ, for Plaintiff-Appellee.
    Daniel L. Kaplan, Assistant Federal Public Defender, FPDAZ-Federal Public Defender’s Office, Phoenix, AZ, for Defendant-Appellant.
   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.  