United States of America v. Brett Depue

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED S TATES OF A MERICA,
Plaintiff-Appellee,
v.
BRETT DEPUE,
Defendant-Appellant.
No. 15-10553
D.C. No.
2:10-cr-00121-
RLH-RJJ-1
ORDER
Filed August 7, 2018
ORDER
THOMAS, 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 disposition in this case shall not
be cited as precedent by or to any court of the Ninth Circuit.
Judge Bybee did not participate in the deliberations or
vote in this case.

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