United States v. Brett Depue

898 F.3d 1265

Opinion

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 7 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 15-10553

Plaintiff-Appellee, D.C. No.

2:10-cr-00121-RLH-RJJ-1

v. District of Nevada, Las Vegas

BRETT DEPUE, ORDER

Defendant-Appellant.

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.