United States v. Gerardo Farias-Contreras

83 F.4th 1161

Opinion

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 11 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-30055

Plaintiff-Appellee, D.C. No. 2:19-cr-00111-WFN-17 v. Eastern District of Washington, Spokane GERARDO FARIAS-CONTRERAS, AKA Tomas Gomez, ORDER

Defendant-Appellant.

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.