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FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
GERARDO FARIAS-CONTRERAS, AKA
Tomas Gomez,
Defendant-Appellant.
No. 21-30055
D.C. No.
2:19-cr-00111-WFN-17
Eastern District of Washington,
Spokane
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.
Judge Mendoza did not participate in the deliberations or vote in this case.
FILED
OCT 11 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
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