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FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED S TATES OF A MERICA,
Plaintiff-Appellee,
v.
R ILEY BRIONES , J R ., AKA Unknown
Spitz,
Defendant-Appellant.
No. 16-10150
D.C. No.
2:96-cr-00464-
DLR-4
ORDER
Filed February 13, 2019
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 Watford did not participate in the deliberations or
vote in this case.
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