United States of America v. Elven Joe Swisher

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ELVEN JOE SWISHER,
Defendant-Appellant.
No. 11-35796
D.C. Nos.
1:09-cv-00055-BLW
1:07-cr-00182-BLW-1
ORDER
Filed May 19, 2015
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 opinion shall not be cited as
precedent by or to any court of the Ninth Circuit.
Judge Tallman did not participate in the deliberations or
vote in this case.

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