
    UNITED STATES of America, Plaintiff-Appellee, v. Dennis STRICKLAND, Defendant-Appellant.
    No. 08-30091.
    United States Court of Appeals, Ninth Circuit.
    Filed June 19, 2009.
    Marcia Kay Hurd, Esquire, Assistant U.S., Eric B. Wolff, Esquire, Assistant U.S., Ryan Archer, Assistant U.S., USBI - Office of the U.S. Attorney, Billings, MT, for Plaintiff-Appellee.
    Michael Donahoe, Esquire, Assistant Federal Public Defender, Fdmt-Federal Defenders of Montana Helena Branch Office, Helena, MT, 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.  