
    UNITED STATES of America, Plaintiff-Appellee, v. Jerry Arbert POOL, Defendant-Appellant.
    No. 09-10303.
    United States Court of Appeals, Ninth Circuit.
    June 2, 2011.
    Robert A. Parker, DOJ-U.S. Department of Justice, Washington, DC, Phillip A. Talbert, Assistant U.S., USSAC-Office of the U.S. Attorney, Sacramento, CA, for Plaintiff-Appellee.
    Raehelle Barbour, Esquire, FPDCA— Federal Public Defender’s Office, Sacramento, CA, 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.  