54 F.4th 1168
9th Cir.
2022

UNITED STATES OF AMERICA v. CYNTHIA LEON MONTOYA

No. 21-50129

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

DEC 14 2022

D.C. No. 3:20-cr-02914-LAB-1 Southern District of California, San Diego

FOR PUBLICATION

ORDER

MURGUIA, 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 is vacated.

Judges Owens and Bumatay did not participate in the deliberations or vote in this case.