Upon the vote of a majority of nonre-cused 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.
Judges Bybee, Ikuta and Owens did not participate in the deliberations or vote in this case.
AI-generated responses must be verified and are not legal advice.
