
    UNITED STATES of America, Plaintiff-Appellee, v. John R. MALONEY, Defendant-Appellant.
    No. 11-50311.
    United States Court of Appeals, Ninth Circuit.
    May 30, 2013.
    Steve Miller, Assistant U.S., Bruce R. Castetter, Assistant U.S., Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
    John Carl Lemon, II, Law Offices of John C. Lemon, San Diego, CA, for Defendanb-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 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.  