USA V. CYNTHIA MONTOYA

Opinion

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 14 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-50129

Plaintiff-Appellee, D.C. No.

3:20-cr-02914-LAB-1

v. Southern District of California, San Diego

CYNTHIA LEON MONTOYA, 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.

Judges Owens and Bumatay did not participate in the deliberations or vote in

this case.