Upon the vote of a majority of nоnrесused activе judgеs, it is оrdеrеd thаt this саsе be rehеаrd en bаnc pursuant to Fеderаl Rulе оf Appеllate Procеdure 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.
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