Order
Cite as
2011 DJDAR 15800Published
Oct. 28, 2011Filing Date
Oct. 27, 2011
§§§§
UNITED STATES OF AMERICA,
Plaintiff - Appellant,
v.
DAVID NOSAL,
Defendant - Appellee.
No. 10-10038
D.C. No. 3:08-cr-00237-MHP-1
United States Court of Appeals
Ninth Circuit
Filed October 27, 2011
O R D E R
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.
#237712
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