
    Charles E. McDOWELL, Petitioner-Appellant, v. Arthur CALDERON, Warden of the California State Prison at San Quentin, Respondent-Appellee.
    No. 96-99000.
    United States Court of Appeals, Ninth Circuit.
    July 18, 1997.
    HUG, Chief Judge.
   Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.  